Facts
Adolf Leimbacher and Dr. Robert Meier live at the rear part of St. Annaweg in Baden. Leimbacher had purchased his property according to the contract dated June 8, 1956 from Otto Halter. Through an easement contract of the same date, Halter, as the owner of the property, had granted him the right to use the mentioned turning area "in particular as an entrance and exit for his planned garage and to allow his guests etc. to use it".
Through an easement contract dated April 10, 1957, Halter, as the owner of Parcel No. 1389, granted the respective owner of Parcel No. 3451, which today belongs to Dr. Meier, the right to "use the turning area in front of the garage [i.e., in front of the garage on Parcel No. 3451] for the entrance and exit to his garage".
On November 16, 1965, the President of the District Court of Baden issued, at the request of Dr. Meier, a prohibition that prohibited all unauthorized persons, under threat of imprisonment or a fine of up to CHF 100.-, from parking or stationing vehicles on this turning area or depositing other objects.
With a decision dated October 5, 1967, the President of the District Court dismissed Leimbacher's "legal objection" against this prohibition. The High Court of the Canton of Aargau, in a judgment dated March 1, 1968, determined that the prohibition applies to Leimbacher and his guests only "insofar as the parking and stationing makes the entrance and exit to the garage of the person subject to the prohibition and the turning of his vehicles on the turning area more difficult".
Considerations
According to § 257 of the Aargau Civil Procedure Code, a person who claims to be "unlawfully disturbed in the possession or use of his immovable property or his easement on an immovable thing or in the legal possession of such a thing" can have the disturbance prohibited by a prohibition. The prohibition procedure under § 257 et seq.…