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ZGBCC
CH
CH
Art. 685 Codice civile svizzero (CC)
CC; Parte prima: Della proprietà; Titolo diciannovesimo: Della proprietà fondiaria; Capo secondo: Elementi e limiti della proprietà fondiaria; B. Restrizioni; III. Rapporti di vicinato; 2. Scavi e costruzioni; a. Regola
Art. 685 CC
Il proprietario che intraprende scavi o costruzioni deve fare in modo di non danneggiare i fondi dei vicini, provocando scoscendimenti del loro terreno, o mettendolo in pericolo, o recando pregiudizio agli impianti che vi si trovano.
Alle costruzioni incompatibili col diritto di vicinato si applicano le disposizioni relative alle opere sporgenti sul fondo altrui.
Decisioni giudiziarie che applicano questa disposizione (39)
C/8370/2021 · ge (art. 685 al. 1 CC)
Neighbor Construction Damage Causation Appeal
The court implicitly confirmed the first instance ruling which dismissed the claim based on the lack of proof of causality required by this provision concerning construction works affecting neighboring land.
12.2022.144 · ti (Art. 685 CC)
Subsidence Damage from Excavation Upheld on Appeal
The main ground for upholding the initial judgment by confirming the liability based on this article.
22.203 · sg (Art. 685 ZGB)
Appeal Regarding Building Permit for Semi-Detached House Alteration Dismissed
Cited in the reasoning of the final order (Erw. 7.3) concerning the neighbor's claim regarding property endangerment, which the court ultimately determined must be addressed via civil litigation, aligning with the structure outlined in the dispositive concerning procedural matters.
VR.2020.00003 · zh (Art. 685 ZGB)
Remand for Further Factual Investigation of Road Construction Damages
The court cites this article in relation to the civil law concept of "excessiveness" applied to damages.
348----------- · vd (Art. 685 CC)
Property Owner v. Neighboring Property Owners (Hedge Damage)
Cited by the court as correctly applied by the lower court to establish that the appellants exceeded the limits of their property use.
B.2019.146 · sg (Art. 685 Abs. 1 ZGB)
Water Collection Facility Renewal and Forest Clearing Interpretation
Cited in the reasoning regarding the change in practice concerning nuisance complaints.
HC.2020.299 · vd (Art. 685 CC)
Construction Immissions Damages Appeal Rejection
Cited in the text header, this provision relates to harm caused to neighbors by excavations or constructions, forming part of the legal framework assessed in the appeal.
2020.01.21.zr.3 · bl (Art. 679 i. V. mit Art. 685 ZGB)
Neighbor's Construction Soil Movement Claims
Cited as the basis for applying tort law's statute of limitations rules to claims under Art. 679 and 685 ZGB.
2020.01.21.zr.3 · bl (Art. 685 Abs. 1 ZGB)
Neighbor's Construction Soil Movement Claims
Cited as the legal basis for claims concerning excessive immissions and the protection of property from such immissions.
400.19.246 · bl (Art. 685 Abs. 1 ZGB)
Neighbor Dispute Over Slope Damage and Ongoing Endangerment
Cited as the basis for determining that excessive immissions exist, causing ongoing damage to property, and that the statute of limitations has not begun to run.
B.2017.243 · sg (Art. 685 ZGB)
Building Permit Integration and Procedural Compliance Remanded
The appeal was partially upheld and the matter returned to the authority to set the deadline for recourse to civil courts regarding the private law objection under this article (Dispositive 1).
B.2017.243 · sg (Art. 685 ZGB)
Appeal Against Building Permit and Procedural Defect in Core Zone Construction
The matter concerning the private law objection under this article is remanded to set the legally required deadline for pursuing civil action.
HC.2019.118 · vd (Art. 685 al. 1 CC)
Property Owner Damages Due to Adjacent Construction Vibrations
Cited to specify Art. 684 CC in the context of construction works causing harm to neighbors.
VR.2018.00001 · zh (Art. 685 ZGB)
Expropriation for Property Damage Caused by Construction Vibrations
Cited in the reasoning preceding the dispositive section regarding the application to vibrations from construction work.
ZK1 2017 6 · sz (Art. 685 Abs. 1 ZGB)
Property Damage from Excavation: Liability and Valuation of Repairs
This article was cited as the legal basis establishing the unlawfulness/wrongfulness of Defendant 1's actions regarding damage to neighboring property through excavations and construction.