Questione giuridica chiave
Whether the 1965 requirement to build a holiday home was a condition or an encumbrance
Decisione estratta
It was an encumbrance, not a resolutive condition, because the authorization wording was not sufficiently clear to create a condition.
Motivazione estratta
Under the case law on the former Lex von Moos, conditions are exceptional and require clear wording; the authorization here merely imposed an obligation to build within two years and a sale/lease ban.