Question juridique clé
Whether the real common intention of the parties at the time of constitution required the servitude to follow the later built trace rather than the registered annex plan.
Solution extraite
The parties had in fact agreed to the later trace, as shown by their subsequent conduct, participation in the works and payment of costs.
Motifs extraits
Post-contract conduct may evidence the parties’ real intention. The cantonal findings supported that the mother of the appellant accepted the realized route, so the later trace reflected the true agreement.