Law of Easement

Accomodation, House and Garden
21
I’m lost as to what a registered letter is going to do in this case? Duty of maintenance should be defined in the land registry entry. If it is not – which seems to be OP’s case then the beneficiary of the easement is responsible for maintenance. If the land in question also serves the interests of the owner, both parties are responsible for maintenance, in proportion to their interest. The law is silent on any right of consultation before works are undertaken.

22
That's excellent advice to find out as much as you can from the documents you already have.

In legal disputes, sometimes the money and being in the right, and not setting the wrong kind of precedent, are the most important. At other times the weight lies more with the quickest or least painful strategy to get the matter dealt with and, if possible, return to peace. Therefore, for any such situation, it's always worth working out for yourself (and only you can know this) how much each route will cost you: in time, in effort, in nerves, in the relationship (which latter, in your case, will be ongoing) and of course in Francs.

Hope you find a good solution!

23
You may want to take this as a starting point (you would need to dig deeper as to what that means if one side makes unnecessary repairs, etc.).

Art. 741 ZGB

1 The beneficiary is responsible for maintaining any fixtures required for the exercise of an easement.

2 If the fixture also serves the interests of the servient owner, both parties are responsible for its maintenance in proportion to their interests. An alternative arrangement is binding on the acquirer of the dominant and the acquirer of the servient property if there is proof thereof in the land register.

https://www.fedlex.admin.ch/eli/cc/2...233/en#art_741

And my advice is: do get legal insurance (lawyers fees can get expensive - trust me ;-) and also most legal insurance will also cover court costs (and also the compensation of the lawyers' fees of the other side if you should lose a case). There is nothing more galling than losing a case and also having to pay the other's sides legal fees on top of your own.