Non-user Law and Legal Definition
Non-user means the failure to exercise a right over land. A right which may be acquired by use may be lost by non-user. When the non-user continues for a sufficient period, the right over land is extinguished. An absolute discontinuance of the use for a period of 20 years may give rise to a presumption of extinguishment of the right, in favor of a person having adverse right.
However, an easement acquired by deed is not lost by mere non-user. [Smith v. Worn, 93 Cal. 206, 212 (Cal. 1892)].
