Question juridique clé
Whether the easement had lost all interest for the dominant land because of the new public road under Art. 736 ZGB.
Solution extraite
No. The dominant owners still had a reasonable interest in the easement as specifically agreed, including better topography, shorter access, and a direct connection planned in the original subdivision scheme.
Motifs extraits
The court held that the relevant question is whether the servitude has lost its interest for the dominant estate in light of the original purpose of the easement. The public road did not fully replace the agreed route and did not render the private way obsolete.