Also known as: non-usus · non-use · nonuse
Written by attorneys · grounded in primary & secondary sources — see below
A basis for extinguishing servitudes or similar rights through prolonged failure to exercise them. The doctrine requires neglect of use over time, often accompanied by additional evidence of intent to abandon the right permanently.
Nathaniel Newman purchased a lot in Maple Ridge subdivision subject to recorded covenants requiring monthly assessments for the greenbelt and clubhouse. He rented the home to tenants who never used the facilities and stopped paying the assessments. The homeowners association sued for the unpaid amounts. The court held that the obligation could not be avoided by nonuse, so Nathaniel remained liable.
Natasha Nielsen received use immunity in exchange for testimony but later refused to answer questions. Prosecutors sought to revoke the immunity on grounds of nonuse of the protection. The court rejected the argument because the immunity grant itself barred further prosecution regardless of whether she exercised the right to remain silent.
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Nathan Nguyen developed a manufacturing process but never commercialized it. Years later he sued a competitor for misappropriation. The court found that prolonged nonuse of the process supported an inference of abandonment, defeating the claim.
Nigel Nelson's utility company ceased all promotional advertising after a regulatory ban. When the ban was challenged, the court noted that the company's years of nonuse of the advertising right did not forfeit its constitutional claim to resume the speech.
Naomi Norton, a student editor, stopped publishing certain articles after the principal's prior restraint. When she later challenged the policy, the court held that her temporary nonuse of the publication right did not waive the First Amendment claim.
Neville Norton, a federal official, never exercised a statutory power to sequester funds. When Congress later sought to reclaim the authority, the court ruled that mere nonuse did not extinguish the official's statutory role.
No. Nonuse alone is seldom sufficient. Courts normally require additional evidence of intent to abandon, such as affirmative acts inconsistent with continued existence of the right or unequivocal statements of relinquishment.
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No. The payment obligation is created by a recorded servitude that runs with the land and cannot be avoided by nonuse or withdrawal. Owners remain liable for assessments as long as they hold title to the burdened lot.
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Prolonged nonuse combined with conduct such as building a substitute facility elsewhere, explicit statements that the servitude is no longer needed, or acquiescence in permanent improvements that block the servitude area can establish intent to abandon.
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It applies to both. Servitudes imposing payment obligations in common-interest communities expressly provide that the duty cannot be avoided by nonuse, and traditional easements may be lost when nonuse plus other evidence shows permanent relinquishment.
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…626 F. Supp. 1374, 1392 (DC 1986). The Impeachment Clause of the Constitution can hardly be thought to be undermined because of nonuse. [^maj-6]: Congress adopted this provision in 1980 because of "the special interest of both Houses in the choice of an individual whose primary function is to provide assistance to…