Key legal question
Whether the 1978 deed and land register entry covered the disputed traffic and parking area under the overbuilding easement.
Extracted holding
The easement was sufficiently clear from the land register entry and the 1978 deed; the disputed traffic area and access ramp were covered.
Extracted reasoning
Under Art. 738 ZGB the register entry is decisive if clear; otherwise the constitutive deed is consulted. The unregistered 1971 agreement could not shape the easement against the respondent. Objectively interpreted, the deed encompassed the constructed above-ground traffic area and ramp as structural parts connected with the post building.