Facts
Between the buildings on parcels No. 314 and 604 in Steckborn, there is a courtyard that is accessible from Seestrasse through a gate. A land easement contract from 1929 grants the owner of parcel No. 313 I an "unhindered and unrestricted foot and carriage way right" over this courtyard. The owner of parcel No. 313 I, Heinrich Guhl, built two garages on his property at the end of 1957. Thereupon, the owner of parcel No. 604, Franz Zehnder, prohibited him from driving over his property to the garages. In the subsequent court proceedings, the Cantonal Court of Thurgau (OG) found that the right of way did allow the use of motor vehicles in the courtyard, but only for occasional delivery services and occasional visits, not for the regular use of the garages.Considerations
The Federal Supreme Court dismisses the plaintiff Guhl's appeal against this judgment. It states that the land register entry does not indicate to what extent the right of way may be exercised with motor vehicles. The designation "unhindered and unrestricted" foot and carriage way right is not in itself informative, as a landowner would practically never grant a neighbour a truly unrestricted right of way. Rather, the content of the right of way must be determined based on the objective circumstances and the nature of the previous use. The lower court has rightly found that the access road is unsuitable for regular use with motor…