Facts
The dispute concerns the exercise of a right of pre-emption on the sale of a real estate property. The facts are as follows:
- On 23 November 1983, the heirs of August Neuhaus agreed that plot no. 888 of the land register of Plasselb would be transferred in co-ownership to six heirs, and that the five other heirs would benefit from a right of pre-emption for ten years. This right of pre-emption was registered in the land register.
- On 10 December 1986, the remaining six co-owners sold the property to the municipality of Plasselb for the price of 277,760 francs.
- On 15 January 1987, four of the five sisters beneficiaries of the right of pre-emption declared to exercise it jointly. They reserved the right to challenge the validity of the partition contract of 23 November 1983 and calculated the purchase price by deducting certain benefits.
- The municipality of Plasselb was registered as the owner in the land register, and the right of pre-emption was deleted, the sellers contesting the validity of its exercise.
- The three sisters who had exercised the right of pre-emption then filed an action against the municipality of Plasselb to have the property transferred to them against payment of the purchase price.
Considerations
The Federal Tribunal considers that
- The declaration of exercise of the right of pre-emption was clear, unconditional and irrevocable, in accordance with the case law.
- The fact that the plaintiffs have asserted certain claims, which have subsequently proved to be unfounded…