Facts
The parties are in dispute over the interpretation of a easement, which concerns the right of use of a parking space in the underground garage of a property. The easement was established in 2002 between the original owners of properties No. uuu and vvv. Later, property No. uuu was sold and the underground garage was renovated. The new owner of property No. uuu, [A.] , refuses access to the underground garage and the parking space. The plaintiffs, [B.] and [C.] , who are co-owners of property No. vvv, sued for the exercise of their right of use and damages for withheld use.
The Cantonal Court and the Higher Court granted the complaint and obliged the defendant to allow the plaintiffs to exercise their right of use and to pay damages. The defendant filed a complaint with the Federal Court and requested dismissal of the complaint.
Considerations
The Federal Court dismissed the complaint. It found that the easement is clearly registered in the land register as a right of use of a parking space in the underground garage of property No. uuu. The basis of acquisition, the easement agreement, stipulates that the right to exclusive use of parking space No. 1 in the underground garage on GS No. uuu exists.
The Federal Court further found that the defendant is…