Art. 928 Schweizerisches Zivilgesetzbuch (ZGB)

HC.2023.376 · vd (Art. 928 CC)

Water Leak Damage Liability Between Tenant and Occupant

Cited in order II.I to admit the claim against A.Y. against the prior judgment, based on the analysis of liability for disturbing possession.

ZOR.2022.10 · ag (Art. 928 ZGB)

Condominium Owner's Rectification Claim Inadmissible Against Co-Owners

The owner can claim the removal of any interference with their property.

HC.2022.614 · vd (Art. 928 al. 1 CC)

Commercial Leaseholder Parking Dispute Appeal

This provision served as the legal basis for the underlying possessory action which the appeal challenged.

11.2021.129 · ti (art. 928 CC)

Owner's Right to Land Possession vs. Expired Agricultural Leases and Temporary Service Contracts

Cited in relation to the appeal regarding the possessory action provisional measure (inc. 11.2020.112) which became moot.

609----------- · vd (Art. 928 CC)

Disturbance of Possession Dispute Over Agricultural Lease Annex Exclusion

The main ground for dismissing the appeal is the appellant's failure to establish plausibility for her claim under this article regarding the cessation of disturbance of possession.

16.2020.9 · ti (Art. 928 CC)

Right-of-Way Servitude Obstruction and Restoration

The decision relies on the conditions of the maintenance action (azione di manutenzione) under this article, which were found to be met by the lower court, and the grounds for appeal did not successfully challenge this.

ZK1 2019 10 · sz (Art. 928 Abs. 2 ZGB)

Property Owners' Association v. Construction Company (Structural Damage and Unauthorized Encroachment)

Although cited in the reasoning as the underlying basis for the removal claim, this provision is not explicitly cited in the dispositive orders (1-5).

C/23578/2018 · ge (art. 928 CC)

Construction Site Servitude and Nuisance Injunction Appeal

Cited regarding the action to cease nuisance of possession, which the court rejected because the interference was not deemed proven to be illicit.

16.2015.60 · ti (Art. 928 cpv. 1 CC)

Appellant v. Neighbor (Driveway Asphalt Patch Dispute)

The court implicitly relies on this provision by rejecting the appeal, which ultimately confirmed the finding that the appellant had not proven the existence of a prejudicial excess constituting a disturbance of possession under this article.

BO.2016.56 · sg (Art. 928 ZGB)

Property Owner vs. Ski Area Zoning for Piste Preparation Trespass

Cited in conjunction with Art. 641 ZGB regarding possessory protection claims against unauthorized actions.

BO.2016.56 · sg (Art. 928 ZGB)

Public Land Use Restrictions and Property Owner's Duty to Tolerate Third-Party Intrusion

The article regarding possessory protection is mentioned in conjunction with the property rights infringement claim.

11.2016.133 · ti (Art. 928 cpv. 1 CC)

Property Owners v. Adjacent Property Owners (Possessory Action for Obstruction of Servitude)

Although cited in the reasoning to explain the scope of the maintenance action, this provision is explicitly cited in the reasoning for the substantive decision (point 6d) regarding the illegality of the disturbance despite any claimed right, which underpins the final order.

11.2016.133 · ti (art. 928 cpv. 2 CC)

Property Owners v. Adjacent Property Owners (Possessory Action for Obstruction of Servitude)

Cited in the reasoning (point 6c) detailing the objects of the maintenance action (cessation of disturbance, prohibition of further disturbance, compensation for damages).

1B 16 49 · lu (Art. 928 ZGB)

Municipality v. Property Owner Regarding Enforcement of Private Road Access Prohibition

The court found the necessary conditions for the possessory protection claim were proven, justifying the requested declaratory judgment.

2016.09.06.zr.2 · bl (Art. 928 ZGB)

Registered Right-of-Way Obstruction Removal Upheld

Cited as the basis for the claim for protection of possession (Besitzesschutzklage) to remove the obstruction of the right of way.