Questione giuridica chiave
Whether the inherited real property had to be partitioned in kind or sold because a natural division was not reasonably possible.
Decisione estratta
The appeal court upheld the view that the property could not be assigned into balanced lots without an excessive equalization payment; sale and division of proceeds were therefore permissible.
Motivazione estratta
Under Swiss inheritance law, natural partition is preferred, but a property may be sold if it cannot fit into a lot or if the equalization payment needed to avoid sale would be disproportionately high. Here, based on the binding factual findings, the proposed lot with the villa would exceed the heir's share by a substantial amount, and the canton court did not violate federal law by treating this as excessive.