Art. 739 Schweizerisches Zivilgesetzbuch (ZGB)

AC.2022.0194 · vd (art. 739 CC)

Annex Conversion Permit Annulled Due to Height and Access Violations

Cited in relation to potential nuisance caused by parking maneuvers infringing on the servitude.

AC.2021.0264 · vd (Art. 739 CC)

Residents v. Municipal Authority Regarding Building Permit

Civil code provision cited regarding the aggravation of servitude, which influences the administrative decision regarding access.

110 2023 3 · be (Art. 739 ZGB)

Appeal Against Municipal Building Permit for Six-Unit Apartment Construction Upheld

This provision regarding undue burden due to increased use of a servitude was used to reject the appeal concerning the legal securing of access via the right of way.

7H 21 199 · lu (Art. 739 ZGB)

Appeal Regarding Renewed Building Permit and Application of Pending Zoning Changes

Cited in the context of remedies available to protect against potential infringement of servitude rights (foot and driving rights).

EBVU.22.288 · ag (Art. 739 ZGB)

Right-of-Way Sufficiency for Building Permit

Cited in relation to the assessment of an immeasurable servitude and the extent of permissible burden on the servient property.

ZK1 2021 177 · gr (Art. 739 ZGB)

Easement Scope Limitation Based on Historical Property Use

The court referenced this article in concluding that an extension of the servitude would constitute an inadmissible burden on the burdened property owners.

ZK1 2021 181 · gr (Art. 739 ZGB)

Dominant Parcel Servitude Extension for Adjacent Parking Use

The court found that the lower court incorrectly applied this article by assuming a purpose change and significant overburdening, leading to the dismissal of the defense claim.

C/5073/2018 · ge (art. 739 CC)

Homeowners' Associations Appeal Right-of-Way Modification Validity

The court ruled that the anticipated use of the servitude by the dominant estate owners did not constitute an inadmissible aggravation, which addresses the appellants' core substantive claim.

15----------- · vd (Art. 739 CC)

Servitude Cancellation and Right-of-Way Disputes Following Property Division

Cited in the context of the possibility of refusing the aggravation of a servitude right.

100 2018 458 · be (Art. 739 ZGB)

Building Permit Access Via Historical Right of Way Servitude

Cited in the reasoning to assess whether the proposed building constitutes an inadmissible burden increase, informing the final dismissal of the appeal.

ZK1 2018 29 · sz (Art. 739 ZGB)

Municipality v. Easement Scope for Construction Use

The court implicitly relies on the principles of this article (though it ultimately avoids applying it due to lack of purpose identity) in its reasoning regarding increased burden, which forms the basis for the final decision.

ZK1 2018 22 · sz (Art. 739 ZGB)

Right-of-Way Scope Limited to Original Ordinary Needs

Cited in the reasoning section concerning the unreasonableness of the increased burden due to changed needs, which underpins the partial granting of the appeal regarding the scope of the right of way.

A-6382/2017 (Art. 739 ZGB)

Railway Crossing Closure and Servitude Dispute

Discussed in relation to the prohibition of increased burden and its applicability to personal servitudes.

400.18.254 · bl (Art. 739 ZGB)

Easement Extinguishment Dispute: Community Easements Valid Under Civil Code

The appeal for cancellation of the servitude due to increased burden was rejected.

VB.2016.00347 · zh (Art. 739 ZGB)

Appeal Regarding Building Permit for Multi-Family Home and Scope of Access Right

This provision was analyzed regarding the prohibition of imposing an increased burden on the burdened property due to changes in the needs of the dominant property, which is the core subject of the appeal outcome.