Questione giuridica chiave
Whether the reciprocal foot-and-vehicle easement should be deleted because the beneficiary allegedly waived it or lost all interest.
Decisione estratta
The file did not show an unequivocal waiver; however, the lower court applied too lenient a standard on loss of interest and had to examine whether concrete prospects of renewed use existed.
Motivazione estratta
A servitude may end by clear waiver, but such intent must be obvious. For deletion under Art. 736(1) ZGB, mere theoretical possibilities are insufficient; the court must assess whether a reasonably probable future change could revive the interest.