Facts
The case concerns a dispute between Kaspar Jurt, the owner of a property, and the Ebneter brothers and Johann Ebneter, the owners of the neighboring property. During the construction of a multi-family house on his property, Jurt had made considerable soil deposits on the Ebneters' neighboring property. Despite repeated requests from the tenants of the garages and parking spaces on the neighboring property to restore the original condition or pay compensation, Jurt did nothing. After the sale of his property in 1970, the Ebneters filed a lawsuit with the District Court of St. Gallen to obtain the removal of the soil deposits and the restoration of the original condition.
Considerations
The Federal Supreme Court decided that Jurt is obliged under Art. 641 para. 2 ZGB to remove the construction debris and restore the original condition. He cannot evade this obligation through the sale of his property, as he is primarily responsible as the interferer. The defendant's legal successor is not…