Dismissal of the action due to lack of passive legitimation

Facts

The appellant [X.] is a co-owner of the entitled property No. 3419 by half. On 5 January 2010, he filed a claim against the respondents 1-6 with the main requests that it be determined that there is a total construction and planting prohibition in favour of property No. 3419 in the view area [H.] on property No. 2355, and that the house A be demolished and the lawful condition be restored. The Regional Court of Oberland and the High Court of the Canton of Bern dismissed the claim due to lack of passive legitimation.

Considerations

The Federal Court confirmed the decisions of the lower instances. It stated that at the time of filing the claim on 5 January 2010, respondent 1 was no longer entitled to dispose of the condominium unit No. 2355-5, as the transfer of ownership to the spouses [U.] and [V.] had already been registered in…