What steps should I take to sue a neighbor for boundary fencing in Switzerland, and how long does the process take?

Dear Sir/Madam, I read your question regarding the boundary fencing dispute with your neighbor near Basel. Since this involves Swiss property law, there are specific procedural steps you must follow to protect your rights and minimize costs. Here is an overview of the process and what you need to prepare: 1. The Process: Mediation vs. Civil Court In Switzerland, you generally cannot file a civil lawsuit immediately. Under the Swiss Civil Procedure Code (CPC), you are almost always required to attempt mandatory conciliation (mediation) first. Conciliation Authority (Schlichtungsbehörde): You must file a request with the local Conciliation Authority in the district where the property is located (Basel-Stadt or Basel-Landschaft). This is a mandatory "peace-making" step. It is much faster, cheaper, and less formal than a full court trial. Civil Court: If no agreement is reached during conciliation, the authority issues an "authorization to proceed" (Klagebewilligung). Only then can you file a formal lawsuit in the District Court (Bezirksgericht). 2. Deadlines and "Good Faith" Risks Time is critical. Under Article 674 of the Swiss Civil Code (ZGB), if a neighbor builds an encroaching structure (like a fence) and you do not object immediately, they may argue they acted in "good faith." If the court accepts this, they might be allowed to keep the fence and simply pay you compensation for the land usage, rather than removing it. You must send a registered letter objecting to the encroachment immediately to stop this clock. 3. Costs and Duration Duration: The conciliation process typically takes 2 to 6 months. If the case goes to civil court, it can take 1 to 2 years or longer. Costs: Conciliation fees are usually modest (often between CHF 200 and CHF 1,000, depending on the canton). However, full court proceedings follow the "loser pays" principle, meaning the losing party pays court fees and the winner's legal costs. These can amount to several thousand francs. 4. Required Evidence Before taking any action, you should gather the following: Official Cadastral Survey (Geometerpläne): This is the most important document. You need a current extract from the official surveyor proving exactly where the boundary line lies. Land Registry Extract (Grundbuchauszug): To prove ownership and check for any existing easements (Dienstbarkeiten). Photographic Evidence: clear photos of the fence in relation to boundary markers. Correspondence: Any written communication (texts, emails, letters) you have already exchanged with the neighbor. Next Steps Navigating Swiss civil procedure from abroad can be complex, especially regarding the specific forms for the Basel Conciliation Authority. I can assist you further by reviewing your situation and guiding you through the drafting of the objection letter and conciliation request. I offer text-based consultation via WhatsApp at a very affordable rate. Best regards,