NON USER

The neglect to make use of a thing. 2. A right which may be acquired by use, may be lost by non-user, and an absolute discontinuance of the use for twenty years affords presumption of the extinguishment of the right, in favor of some others adverse right. 5 Whart. Rep. 584; 23 Pick. 141. 3. As an enjoyment for twenty years is necessary to found the presumption of a grant of an easement, the general rule is, there must be a similar non-user to raise the presumption of a release. But in this case the owner of the servient premises must have done some act inconsistent with, or adverse to the existence of the right. But the dereliction or abandonment of rights affecting lands is not in all cases held to be evidenced by mere non-user. 4. As an exception to the rule may be mentioned rights to mines and minerals, with the incidental privilege of boring and working them.