Access to my property is impeded. What action should I take?

Access to my property is impeded. What action should I take?

"This winter, my neighbour blocked the access road to my property with a berm made of snow that had fallen on his own land. He doesn't want to make his property unsightly and doesn't mind hurting his neighbours. The municipal warden and the police have intervened to no avail. Is there an article of law that regulates this problem, and what can we do about it? We've even had to cancel a delivery!

Under article 641 of the Civil Code, the owner of a thing has the right to dispose of it freely within the limits of the law. He may claim it against anyone who holds it without right and repel any usurpation. They can also put an end to any disturbance that does not result in dispossession by means of an action known as a "negatory action". Article 684 of the Civil Code specifies that, in exercising his right, the owner must refrain from any excesses detrimental to his neighbour's property.

Under art. 679 of the Swiss Civil Code, anyone who suffers or is threatened with damage because an owner exceeds his or her rights may take action against that owner to restore the property to its original condition or to take measures to avert the danger; he or she may also claim damages. This article allows an "action to cease the infringement" and case law also allows an "action to prevent the infringement" if such an infringement is highly likely.

You will therefore be able to take legal action against your neighbour if he continues to exercise his right to property in such a way as to infringe your own rights. The judge will determine whether or not the disruptive neighbour's attitude is acceptable by taking into account the feelings of a "reasonable" person in the same situation. It would seem obvious that a snow bank blocking access to your property would constitute excessive interference in the eyes of a "reasonable" person from an objective point of view.