Facts
This decision concerns a dispute between the estate community of A. and the community of co-owners of the property GBB No. 1564 (hereinafter "the community of co-owners") regarding the payment of a purchase sum for the construction of an access road.
In 1979, I. sold a part of his plot GBB-1564 to A., granting a right of way in favor of the remaining plot No. 1564. The contract provided that the buyer had to construct the access road and that the owner of plot No. 1564, once it was built, had to pay a proportional purchase sum based on the living space and the length of the road used, as well as participate in the maintenance costs in the same proportion.
The plot sold to A. was subsequently divided into two plots No. 2218 and 2231. Plot No. 1564 changed hands several times and was further subdivided. On October 11, 1993, plot No. 1564 was sold by company X. AG to the community of co-owners, without mention of the obligation to pay the purchase sum for the construction of the road.
In 1993, the estate community of A. claimed from the community of co-owners the payment of the sum of 20'330.35 francs, in accordance with the easement contract. The community of co-owners having refused, the estate community of A. filed a complaint.
Considerations
The Federal Tribunal dismissed the appeal of the estate community of A. The Court considered that the obligations related to an easement, such as the payment of a purchase sum for the construction of an access road, can only burden the servient land and not the dominant land, in accordance with Art. 730 para. 2 CC.
Furthermore, for such an obligation to have a real effect (real obligation) and bind the legal successors of the original…