Questione giuridica chiave
Whether the planned construction could be prohibited because it would encroach on the registered right of way.
Decisione estratta
Yes. The building would occupy part of the servient area and definitively prevent passage there.
Motivazione estratta
Under Art. 737(3) CC the servient owner may not do anything that hinders the exercise of the servitude; the planned structure would block the passage area.