Facts
The dispute opposes the heirs of Franz Anton Küttel-Pfyl, owners of an agricultural property in Seewen, and Alois Küttel-Herger, owner of the neighbouring parcels. The Küttel-Pfyl heirs requested the granting of a necessary right of way (Notfahrwegrecht) over Alois Küttel-Herger's land. Although this request was granted by the cantonal authorities, Alois Küttel-Herger appealed to the FC (Federal Court) to have the request completely rejected.
Considerations
The FC first had to determine the value in dispute, which determines its jurisdiction to hear the appeal. Although the parties agree on a value of more than CHF 15,000 for the advantage the Küttel-Pfyl heirs would derive from the right of way, the Court deemed it necessary to call upon an expert to more precisely evaluate the interests at stake.
According to the expert opinion, the disadvantages for Alois Küttel-Herger's servient property (loss of land, inconveniences, restriction of use of parking spaces) amount to approximately CHF 3,000. As for the advantage for the dominant property of…