Questão jurídica principal
Whether the builder lacked sufficient civil-law entitlement because the garage access and stair area affected co-owned property and Art. 742 ZGB
Decisão extraída
The complaint failed because the cantonal court did not apply Art. 742 ZGB to resolve the disputed private-law rights; the building application concerned only the applicant’s parcels, and no obvious lack of building entitlement was shown.
Fundamentação extraída
The permit and objection decision expressly reserved private-law disputes. The appellate court did not decide the easement issue. The applicants did not show that co-owners of the affected parcel had to co-sign the building application.