In a case involving an easement, what would a court likely rule if a deed created it and it had been non-used for 5 years?

When a court evaluates the status of an easement created by a deed that has not been used for five years, it typically focuses on the principle that a deeded easement remains valid unless expressly terminated or abandoned. The key here is that the easement was created by a legal document, which typically indicates that the parties involved intended for it to persist.

While non-use can be considered in certain contexts, such as evaluating abandonment, it does not inherently invalidate the easement. Just because an easement has not been exercised does not mean it is nullified; rather, it continues to exist on the title. Therefore, unless there is specific evidence showing that the easement was abandoned (which would involve proving intent plus a period of non-use), the easement would still be recognized and enforceable.

This understanding aligns with general property law principles that distinguish between the right to use an easement and the physical act of exercising that right. The creation of the easement by deed is primary, establishing the legal right that remains intact irrespective of current use.