ᐅ Neighbor removes boundary marker and neglects to replace it

Hello everyone,

We have the following problem: our neighbor removed the boundary marker during construction work. It was there before, and we can prove this with photos. We had previously talked about the boundary because he is not respecting it. For the past month, we have been asking what happened to the boundary marker and when it will be replaced. The only response we get is "we are working on it." The construction workers told us that the boundary marker is not necessary and that the metal rod is the boundary, but this is not an official boundary.

We want to start building our house soon. I think we will have to involve a lawyer because otherwise, we won't make any progress. This neighbor constantly threatens us with legal action or refuses to greet us. He even told us not to make a fuss over a few centimeters. Other neighbors have also complained, and he had to remove his wall because it was too high.

We don’t want to be petty, but by now, we no longer want to be taken advantage of.

Removing a boundary marker is at least a regulatory offense and is punished severely. I would report this or file a complaint.

We want to wait until Friday and then hire a surveyor and pass on the costs. We don’t want any disputes; I believe it won’t work any other way.

Stein8786 schrieb:
We have the following problem: our neighbor removed the boundary marker during construction work. It was there before, which we can prove with photos. We also discussed the boundary line with him beforehand, but he’s not respecting it. For a month now, we have been asking what happened to the boundary marker and when it will be replaced. The only answer we get is “we’re working on it.”

The boundary marker is an official survey marker. An unauthorized person must not just quietly put it back exactly as it was after removing it.

Stein8786 schrieb:
We want to wait until Friday and then hire a surveyor and pass on the costs. We don’t want a dispute, but I believe there’s no other way.

No, there is only one proper way, which is:
1) Go to the police directly after Easter and report the loss of the boundary marker (“against unknown,” at least if you have no witnesses who saw who removed it)
2) Fax your copy of the report to the land registry office (cadastral authority)
3) The authorized person for boundary marker restoration will then be sent by the cadastral authority, not by you.
The investigation of the offender, including hearings and fines, is not something you have to deal with.
Your lawyer will advise against accusing your neighbor without proof. Especially with this kind of person, you might otherwise face a defamation lawsuit, which is actually more serious legally than the removal of the boundary marker. You should not give your neighbor that opportunity.

Personally, I wouldn’t want to build next to someone like that; I would rather sell the property to my worst enemy. Some people need a very special kind of visit from a biker gang (sign of recognition: notably few motorcycles, and the patches say “CUSTOMS”). That tends to make it very clear that in some countries, laws apply—even to neighbors.

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I wanted to send a notification to the authorities on Tuesday, as we know that the boundary marker disappeared due to his work. It is a new residential development, and he was the only one working there. Now his L-shaped concrete block wall is standing. Selling would cause us a significant loss.

Here you can see the boundary stone behind the pink-marked post. You can also see that digging was done on our property without permission, and the foundation was placed in the ground.