Yes, according to the Court of Cassation because this servitude is not continuous. It cannot, therefore, be imposed by statute of limitations despite 30 years' presence.
One bondage continuous (such as, for example, the servitude of rain water flow) is an servitude exercised without the active intervention of man. Rainwater flows without human action. On the other hand, a discontinuous easement (the easement of the flow of domestic water for example) is an easement which requires the intervention of man.
In the case decided by the Court of Cassation, a sewage pipe encroached on the neighboring property. Its owners refuse to remove it at the request of the neighbor. The Court of Appeal agreed with them and considered that they had acquired a wastewater disposal easement by statute of limitations for thirty years.
The Court of Cassation quashed this judgment. In its view, a sewage discharge pipe is a discontinuous service which cannot be acquired by prescription, that is to say by the effect of time. It can only be acquired by title, that is to say by a written document.
