Key legal question
Whether the pedestrian servitude still had an objective interest for the dominant parcel and had to be entered in the definitive land register
Extracted holding
Yes. The servitude retained an objective interest and had to be registered without the limitations imposed by the lower court.
Extracted reasoning
For old servitudes, interest is assessed analogously to Art. 736(1) CC: the relevant question is whether the dominant owner still has an objective interest in exercising the servitude according to its original scope. The lower court found that the original purpose included access between the first and second floor and was not limited to ordinary walking access; the later internal wooden staircase did not make that original purpose pointless.