Rejection of the Request for Establishment of a Necessary Passage for Building B

Facts

The case concerns a dispute regarding the establishment of a necessary passage within the meaning of Art. 694 CC for a building constructed on plot no. 1280. This plot is located in the building zone and was constructed in 2001/2002 with two condominium buildings. Building A, located in the upper part of the plot, has direct access to public road P. Building B, located in the lower part, has access through the neighboring plot no. 6798 with the written consent of the owner. The owners of Building B nevertheless requested the establishment of a necessary passage, which the cantonal courts granted for this building. The SFC has ultimately rejected this request.

Considerations

The SFC considers that when a plot is located in the building zone and a building permit has been issued, stating that access to the property is sufficient under public law, this decision constitutes the starting point for the judicial assessment of the necessity of a passage within the meaning of Art. 694 CC. In such a case, the civil court must exclusively examine whether, in view of all the circumstances of the specific case, the necessity of a passage defined by private law has or has not disappeared.

In the present case, the SFC considers that although the access to Building B is not optimal, with an access path with many steps, this…