Kernrechtsfrage
Whether the appellants were entitled to a necessary passage for their condominium unit under Art. 694 CC.
Extrahierter Entscheid
No. A civil-law necessary passage is excluded as long as adequate access can still be secured through public-law means; here the municipal access arrangement had already initiated and largely completed the solution.
Extrahierte Begründung
The Court stressed the subsidiarity of Art. 694 CC. Because the commune had already concluded an access convention with the affected landowners, financed the works, and the route was meant to provide appropriate access for all current co-owners, there was no room to impose a civil-law passage.