My neighbour has broken into my house!

My neighbour has broken into my house!

"At a conciliation hearing, my neighbour and I reached an agreement whereby I would trim my hedge to a height of 165 cm. My neighbour entered my garden against my wishes, claiming that the agreement had the same force as a court order and that she was therefore entitled to come and check the height of my planting.

Is that true?"

In principle, legal action is preceded by a conciliation procedure, the aim of which is to try to settle a dispute amicably and thus avoid lengthy and costly legal proceedings. The parties may, by mutual agreement, waive such proceedings if the dispute involves assets worth at least CHF 100,000. The plaintiff may also unilaterally waive the procedure if the defendant is domiciled abroad or has no known residence, or if the dispute relates to equality between men and women. Lastly, this prior procedure is not required for divorce or dissolution of a registered partnership. If, at the conciliation hearing, the parties are unable to reach agreement, the failure to reach agreement is recorded in the minutes of the hearing; the claimant may then take the case to court within three months. If, on the other hand, the parties reach an agreement, this is recorded in the minutes which, once signed by all, has the same effect as a final judgment. It is therefore true that the agreement reached with your neighbour is as binding on you as a court decision.

This does not mean, however, that your neighbour is entitled to enter your garden against your will! As your right of ownership gives you exclusive rights over your plot, you can use force to prevent any action that interferes with these rights. More specifically, no-one may enter your garden or remain there after you have ordered them to leave without your consent, without incurring civil or even criminal penalties. If your neighbour observes poor performance or non-performance of the agreement made with you, she should, after giving you formal notice to perform, ask the judge to enforce the agreement.

So, despite the fact that the agreement reached at the conciliation hearing has the same effect as a court order, your neighbour does not have the right to enter your home without your permission to check that it is being carried out, even if you have not complied with the settlement reached at the conciliation hearing. If, after explaining the above to your neighbour, she does not comply, you can lodge a complaint with the Public Prosecutor or the police for trespassing and/or bring an action before the civil court to stop the disturbance.