Facts
On February 1, 1947, Johann R. passed away, leaving his three sons Walter R., Max R. and Ernst R. as his legal heirs. On September 30, 1950, the hereditary community composed of the three sons sold property X to the heir Ernst R. for the price of 70,000 francs. In the sales and mortgage contract, it was agreed in Article 9 that there would be a lifelong right of residence in the ground floor apartment of the property in favor of Walter R., his wife Gertrud R. and their two children Peter R. and Susanne R. This right of residence was registered in the land register on November 2, 1950.
Subsequently, the right of residence was not exercised. On January 24, 1963, Ernst R. sold the property to Paul B. After the latter's death, the property was taken over on December 21, 1988 by Christine Z.-B. In 1995, Gertrud R., Peter R. and Susanne S.-R. (formerly Susanne R.) were asked to waive the right of residence in favor of the new mortgage rights. Having obtained no result, Susanne S.-R. and Peter R. filed an action on July 15, 1996 against Christine Z.-B. to establish the existence of the right of residence and obtain the release of the ground floor apartment.
Considerations
The Cantonal Court of Bern granted the request, considering that the right of residence registered in the land register was still valid and enforceable against the current owner. The…