Kernrechtsfrage
How the extent of the easement 'right of way' must be determined under the land register entry, acquisition basis, and long-standing use
Extrahierter Entscheid
The land register entry was unclear; the courts could therefore rely on the acquisition basis and, subsidiarily, on the long-standing uncontested and good-faith use. On that basis, the easement covered the entire road body in the disputed section.
Extrahierte Begründung
Art. 738 ZGB establishes a hierarchy: clear land register entry first, then acquisition basis, then long-standing use. The sketches and plan did not define the burdened area with sufficient precision, while the factual findings showed decades of use over the whole road surface without objection.