Question juridique clé
Whether the subsidiary constitutional complaint was admissible despite the value threshold issue for an ordinary civil appeal.
Solution extraite
The ordinary civil appeal was unavailable because the amount in dispute did not reach CHF 30,000 and no question of principle was shown; the subsidiary constitutional complaint was admissible in principle.
Motifs extraits
For non-monetary servitude disputes, value is assessed by the benefit to the dominant land or the loss to the servient land. The court accepted that the threshold was not met, so only the subsidiary constitutional complaint remained open.