Facts
X., Y. and Z. (hereinafter the appellants) are condominium owners of plot No. 61 in the municipality of V. To the south, adjacent to it, is plot No. 60 owned by W. (hereinafter the respondent). A public road runs along the western boundary of the two plots.
By a land servitude agreement dated May 8, 1957, the then owners granted each other a "right of foot and vehicular passage with all vehicles" between the two houses. This servitude was registered in the land register.
In 2006, the appellants constructed a walkway on their plot No. 61, leading from the public road along the southern side to the new entrance on the eastern side. The respondent then sued, claiming that the appellants were obliged to remove parts of this walkway as they encroached on the servitude area.
Considerations
The Federal Supreme Court decided that for determining the content and scope of a servitude pursuant to Art. 738 of the Swiss Civil Code (CC), the land register entry is initially decisive. Since this contains no details, the reason for acquisition, i.e., the servitude agreement, must be consulted.
From the servitude agreement of 1957, it is evident that the parties agreed on a "right of foot and vehicular passage with all vehicles". At the time of the appellants' acquisition in 1980, the path was already paved and had a…