Facts
The S. spouses are the co-owners of a farmhouse of approximately 250 years, located at an altitude of approximately 915 m and 1 to 1.2 km from the village of T. Their property (plot no. 431) is connected to the village by a municipal road. However, access to their house is via an earth road passing through plots no. 1301 belonging to the T. scout association and no. 432 belonging to R. The S. spouses do not have a right of vehicular passage on this road, only a right of pedestrian passage being registered in the land register in favor of their property. They have therefore brought an action for the grant of a necessary vehicular passage on these plots. Their request was rejected by the cantonal authorities.Considerations
The Federal Tribunal partially upholds the appeal of the S. spouses. It considers that the principle according to which residential houses must be accessible by car does not have unlimited scope, particularly when the building is located outside the radius of a locality. Thus, the personal needs of the owner that do not correspond to the economic purpose of the building, taking into account the local conditions, do not give rise to a claim for the grant of a necessary passage.
However, the S. spouses are entitled to a necessary passage for the transports that are usually carried out by motor vehicles, such as the delivery of…