Questione giuridica chiave
Whether the respondent proved pre-1961 validly constituted property rights over the submerged strip along her parcels.
Decisione estratta
No. The 1892 sale did not establish that the canton had granted a protected right over the submerged land.
Motivazione estratta
A private-law sale by the commune of land partly under water did not, by itself, show that the canton as sovereign conferred a right over the lakebed. The approval of the sale was only formal and did not fix a definitive boundary contrary to the statutory high-water-mark rule.