Enforcement of an Easement by the Condominium Association

Facts

The condominium association B.strasse x, consisting of C., D. and E., sued A., the owner of the southern property B.strasse y. In favor of the property of the condominium owners and to the detriment of A.'s property, an easement is registered in the land register, according to which trees and shrubs may not exceed a height of 5 m.

The condominium association demanded that A. be obliged to cut back the trees and shrubs on his property to 5 m and keep them under the shears. The District Court of Zurich and the High Court of the Canton of Zurich granted the claim.

Against the judgment of the High Court, A. filed a complaint with the Federal Supreme Court, requesting that the claim not be entered, or alternatively that it be dismissed.

Considerations

The Federal Supreme Court dismissed the complaint, insofar as it entered into it. It stated that the condominium association is capable of taking legal action and has standing in the area of joint administration. The enforcement of the planting restriction as an easement in favor of the condominium owners' property can be considered an act of joint administration, as it serves to preserve and increase the value of the property and is in the interest of all condominium owners.