Landowner Easement Dispute Over Discrepancy Between Registered Plan and Actual Boundary Use

The parties, neighboring landowners, disputed the scope of a registered right-of-way easement noted in the land register as "Right-of-way according to plan," where the plan's depiction of the boundary did not align with the current, later established property line to the detriment of the benefiting property. The court reasoned that while the land register entry is generally paramount (Art. 738 Abs. 1 ZGB), the notation "according to plan" made the plan an integral, albeit potentially imprecise, part of the registration, necessitating recourse to the underlying purpose (Art. 738 Abs. 2 ZGB) due to the obvious discrepancy between the plan's provisional boundary and the actual current boundary which rendered the limited interpretation nonsensical for access. Furthermore, visible driving tracks on the burdened property indicated the actual use extended to the current border, precluding the subsequent owners of the burdened property from claiming protection under good faith concerning the discrepancy (Art. 973 Abs. 1 ZGB).