Facts
R. wishes to convert an agricultural utility building into a residential house with two apartments and three garages for passenger vehicles. The access to these garages leads over the properties of M. and I., which are burdened with a right of way for pedestrians and vehicles. They filed a private law objection against the construction project.
While the court of first instance dismissed the construction objection, the court of second instance prohibited the execution of the construction project. This decision was upheld by the Federal Supreme Court, which dismissed the appeal filed by R.
Considerations
The Federal Supreme Court states that the content and scope of the easement existing since 1880 and registered in the revised Swiss Land Register in 1967 are disputed. The objectors fear an increased burden on their parcels if the appellant is allowed to carry out the conversion.
The Federal Supreme Court makes it clear that the rights and obligations arising from an easement must primarily be determined based on the land register entry. The reason for acquisition and the nature of the previous exercise must also be taken into account. Furthermore, the purpose and intent of the easement as well as the needs of the dominant…