Facts
Karl Gloor is the owner of Parcels No. 449 and 450 in the hamlet of Tonhueb, Municipality of Hefenhofen, which are built with residential houses and do not have direct access to the municipal road. He claims a foot and carriage path easement over the adjacent Parcel No. 448 of Jakob Diem. The District Court of Arbon upheld the claim, but the High Court of the Canton of Thurgau protected an appeal filed against this judgment and dismissed the claim. Gloor then filed a timely appeal to the Federal Supreme Court.
Considerations
The Federal Supreme Court confirmed the decision of the High Court. It stated that according to doctrine and case law, an uninterrupted and unchallenged exercise of the easement for two generations or 80 years would have been required, which the plaintiff had not proven. Furthermore, in the Canton of Thurgau, the extraordinary acquisition of a foot and carriage path easement has been excluded since January 1, 1912, as the provisional land register provides comprehensive information on the limited real rights established under…