Facts

Parties:

  • Appellant: Cooperative [A.] , represented by attorney Dr. Roger Brändli
  • Respondent: [B.] , represented by attorney Thomas Häne

Subject: Right of way

Proceedings:

  • Claim of the respondent before the District Court of March on 18 July 2016
  • Dismissal of the claim by the District Court of March on 24 April 2018
  • Appeal of the respondent before the Cantonal Court of Schwyz
  • Partial admission of the appeal by the Cantonal Court of Schwyz on 19 February 2019
  • Appeal of the appellant before the Federal Supreme Court on 25 March 2019

Facts:

  • A right of way is registered in the land register in favor of Cooperative [A.] , without any evidence for the establishment of the right of way being available.
  • The Cooperative [A.] claims the right of way for the management of all its properties, while the respondent only acknowledges this for properties acquired before 1920.
  • The Cantonal Court has determined that the Cooperative [A.] is not entitled to claim the right of way for the passage of vehicles to the area [H.] beyond property No. yyy.

Considerations

The appellant complains that the Cantonal Court wrongly admitted the respondent's alternative claim. She argues that the land register entry is clear and does not allow any restriction of the right of way. The Cantonal Court has unlawfully included the ordinary needs of the entitled parties in the interpretation and arbitrarily assumed an unreasonable additional burden.

The Federal Supreme Court finds that the land register entry is clear and does not allow any restriction of the right of way.…