In the SJZ 115/2019, the authors examine the question of the extent to which an easement burdened person can delete a private building restriction for consolidation purposes if there is a legal basis in public building law: An easement from the 40's allows only one house with three flats, but the builder would like to realise an MFH with twelve flats, which would be permitted by the building and zone regulations today. To this end, they analyse the measures taken by the cantons in the meantime after the RPG revision to develop settlements internally ("Concentrated construction - elimination of easements, deletion of building restrictions under private law under public law", in: SJZ 115/2019, 335 ff. [click here], Urs Hofstetter-Arnet/Domino Hofstetter/Stefan Mundhaas).
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