Servitude Interpretation Regarding Movable Chattels vs. Building Height Restriction

The dispute concerned the interpretation of a registered building height restriction (set at elevation 470.61m) and a planting restriction established in a servitude agreement between two neighboring property owners, where the plaintiff sought the removal of a parasol, a swing set, and bamboo sticks placed by the defendants on a wooden platform exceeding the height limit. The court reasoned that interpreting the servitude according to established hierarchy (entry, acquisition document, practice) showed the restriction applied only to "Bauten" (structures) definitively connected to the ground, thereby excluding freely movable chattels like the swing, parasol, and sticks, which were deemed **Fahrnis** (movable property) and not covered by the building height limit or the planting restriction for trees/shrubs; furthermore, the court found that the minor visual impact of these items did not constitute an excessive nuisance under neighborhood law, precluding a remedy based on abuse of rights or excessive immission.