Facts
X AG (the appellant) and Y AG (the respondent) each hold easements for gravel extraction burdening Plot No. 324. The respondent extracts sand, gravel and other materials from a portion of the plot and continuously restores the original condition by backfilling the excavated areas with spoil, covering them with topsoil and finally greening them. In its favor, there has been an easement registered in the land register since 1979 with the keyword "right to exploit gravel". The appellant filed a claim seeking to prohibit the respondent from depositing any kind of spoil material on Plot No. 324 and from driving on Plot No. 324 with spoil material.Considerations
The Federal Supreme Court dismissed the appeal. It concluded that the "right to exploit gravel" registered in the land register not only includes the extraction of gravel, sand and other materials, but also the continuous restoration of the original condition through backfilling, topsoiling and greening of the excavated areas. This obligation to recultivate results on the one hand from the supplementary…