Kernrechtsfrage
Whether the recourse commission could refuse or condition the building permit because neighboring parcels would only be accessible if an existing right of way easement were respected.
Extrahierter Entscheid
No. The commission exceeded its powers by tying the permit to the equipment status of neighboring land; compliance with a private-law access easement must be enforced by civil courts, not by the administrative building-permit authority.
Extrahierte Begründung
A plot is considered equipped when it is served by access roads suitable for the intended use under Art. 19(1) LAT. The administrative authority may not deny a permit merely because neighboring parcels rely on an easement whose observance is a matter of private law.