Questão jurídica principal
Whether the width of the registered right of way was sufficiently determined under Art. 738 ZGB by the land register entry and cadastral plan.
Decisão extraída
Yes. Although the land register entry only stated 'right of way,' the referenced application and cadastral plan formed part of the basis of title and made the width sufficiently identifiable by measurement.
Fundamentação extraída
Art. 738 ZGB gives priority to the land register entry, supplemented by the deed of creation and, if needed, by longstanding uncontested use. Here the deed expressly referred to the right of way as drawn in length and width on the cadastral plan. The plan showed the route clearly enough to allow measurement, and the lack of physical boundary markers did not matter because the plan, not the terrain, was decisive.