Rejection of a right of way for properties in a reserve zone

Facts

Benjamin Ziv is the owner of plot No. 2636 in Naters. The adjacent plots No. 7803, 7802 and 2630 belong to other owners. All plots are located in a reserve zone (RW2). The owners of the neighboring plots sued Ziv for the granting of a right of way pursuant to Art. 694 of the Swiss Civil Code (ZGB) over his plot No. 2636.

The Cantonal Court of Valais upheld the claim. Ziv then appealed to the Federal Supreme Court.

Considerations

The Federal Supreme Court overturned the judgment of the Cantonal Court and dismissed the claim. It stated that for the assumption of a necessity of way within the meaning of Art. 694 ZGB, concrete building intentions of the plaintiffs are required, which they had not presented. Mere declarations of intent are not sufficient for this.

Furthermore, it was unclear whether the right of way demanded by the plaintiffs is in line with the community's ideas about the traffic development of the area. For this,…