Questione giuridica chiave
Whether the planned enlargement violated the scope of the negative building servitude
Decisione estratta
The cantonal court's interpretation of the servitude, based on the constitutive deed and the parties' real common intent, was upheld; the challenge to that interpretation was inadmissible.
Motivazione estratta
The inscription and deed had to be read primarily through the parties' subjective intent. The Federal Court held that the appellant did not properly allege arbitrariness in the fact-finding supporting that intent, and the cantonal findings therefore bound it.