Kernrechtsfrage
Whether the 6 July 1988 agreement constituted a negative easement limiting building height on SBB's parcel
Extrahierter Entscheid
The agreement was only a settlement for withdrawing the objection to the 1988 development plan and did not express an intention to burden the land with a real right.
Extrahierte Begründung
Its wording linked the parties' obligations to the objection procedure and to amendment of the public plan; a clear declaration to create a servitude was absent. The necessary written form for creating an easement was therefore lacking.