Key legal question
Whether the land register entry for the vehicle easement had to be rectified to match the signed constitutive plan.
Extracted holding
Yes. The register entry was induced by an erroneous filing that did not correspond to the parties' real intent and the signed plan, so rectification was available.
Extracted reasoning
Under Arts. 971, 738, 974 and 975 CC, the easement content is determined first by the register and, if unclear or inconsistent, by the constitutive title and attached plans. The deposited plan of 7 November 1986 did not match the parties' true agreement; therefore the inscription was undue and rectifiable.