Kernrechtsfrage
Whether the 1990 transaction was a division of the dominant land within Art. 743 CC
Extrahierter Entscheid
Yes. The operation fractioned parcel 352 into several parts and therefore qualified as a division of the dominant land.
Extrahierte Begründung
The court focused on the material effect of the transaction: parcel 352 was subdivided into three resulting parts, so Art. 743 CC governed the easement's fate despite the deed's wording about boundary modification and partition.