Dismissal of the appeal against the deletion of an easement

Facts

Parties: Appellants ([A.A.] and [B.A.] ) against respondent ([C. AG] ).

Facts:

• The appellants are owners of properties in the municipality of [U.] .
• The respondent plans to build five multi-family houses on their property, which is not compatible with an existing easement.
• The easement was registered in 1981 based on a contract to secure the developability of the properties.
• The municipality of [U.] has agreed to the deletion of the building restriction, as the new building and zoning regulations have come into force.
• The district court and the higher court have approved the respondent's lawsuit for the deletion of the easement.

Legal question: Whether the appellants have an interest in maintaining the easement.

Considerations

Legal basis: According to Art. 736 CC, the deletion of an easement can be requested if it has lost all interest for the entitled property. The purpose of the easement must be clear and recognizable to third parties.

Interpretation of the easement: The higher court has established that the purpose of the easement was to achieve the developability of the properties. This purpose has been fulfilled with the entry into force of the new building and zoning regulations in 1985. The appellants no longer have an interest in maintaining the easement.

Federal Supreme Court decision: The…