Real easements do not have legally defined content, and when it comes to limiting the exercise of easements to specific parts of the servient property, there are also no spatial boundaries for the exercise of easements. Therefore, both must be precisely described.

If the description of the spatial boundaries of the easement does not enable a reliable and firm delineation of the space where the easement is exercised, the owner of the servient property has a potential loophole recorded in the land registry, which allows uncontrolled expansion of the easement and encroachment upon their property rights. In opposition to this, the principle of easement restrictiveness (first paragraph of Article 219 of the SPZ) requires precise definition of the spatial boundaries of the easement's exercise in this context. The fundamental assumption for the enforcement of the easement's restriction is the precise definition of this property right - both in terms of its content and the spatial limits of its exercise.

Supreme Court Decision II Ips 32/2022, dated September 7, 2022, published on the website of the Supreme Court of the Republic of Slovenia.

Ruling

I. The appeal is upheld; the contested part of the second-instance court's judgment is annulled, and the case is remanded to this court for a new trial.

II. The decision on the costs of the appellate court is reserved for the final judgment.

Explanation:

... more on the decision of the Supreme Court VSRS Sklep II Ips 32/2022, 07. 09. 2022, published on the website of the Supreme Court of the Republic of Slovenia.