Facts
X. and Y. are joint owners of parcels no. 515, 2332 and 2366 (formerly parts of parcel no. 2112). A "right of way" is registered in the land register in favor of these properties, encumbering parcels no. 486 and 500 (formerly parts of parcel no. 3441) belonging to Z. This right of way was established by a deed of easement dated 22 July 1968 between I. and J. A public road, the U.-Strasse, was subsequently constructed in 1995, rendering the private right of way obsolete according to Z., who therefore requested its deletion. The lower courts rendered contradictory decisions, with the FC ultimately ruling in favor of the defendants X. and Y.Considerations
The FC considers that the private right of way can only be deleted if it has completely lost its interest for the dominant property, which is not the case here. Although the defendants' parcel is now served by a public road, the private right of way still has advantages over this new road, particularly in terms of slope, safety and proximity to public transport. The FC therefore finds that the defendants still have a reasonable interest in retaining this private right of way, in accordance with Art. 736 para. 1 CC.
The interpretation of the content and scope of the easement must be made primarily according to…