Facts
The Landwirtschaftlicher Verein Mörschwil brought an action against Eduard Federer to obtain a necessary passage on the latter's plot (no. 646) to access its own plot (no. 741). The Landwirtschaftlicher Verein Mörschwil wished to use this passage for the traffic of loading and unloading its agricultural products. The Cantonal Government of St. Gallen granted the request, but Federer appealed to the FC.Considerations
The FC considers that, although the access path to the plot of the Landwirtschaftlicher Verein Mörschwil from the public road (Bahnhofstrasse) has a slope that is too steep for heavy vehicle traffic, this is not sufficient to justify the granting of a necessary passage. Indeed, according to case law, a necessary passage can only be granted when the land is completely isolated from any public road or when access is seriously compromised, which is not the…