Question juridique clé
Whether the heating easement includes a right of access to the boiler room through the basement of the burdened chalet.
Solution extraite
Yes. The inscription was too summary, so the deed of constitution had to be interpreted; on that basis, the parties intended access through the burdened chalet's basement.
Motifs extraits
Under Art. 738 CC, the court first looks at the land-register entry and, if it is unclear or summary, turns to the easement's origin, i.e. the constitutive deed. The deed expressly provided that each party would have access to the technical rooms and a key, without limiting access to emergencies or requiring use of a third party.