Risk of damage to neighbor's curbstones

Ok, I basically understand [Bestandsschutz]. But is that also valid if the things are currently only standing because they are held in place by the concrete on our property?

...and even we laymen could easily do it ourselves. Even if the curbstones got damaged: for us 1 meter x 0.4 cost about 5 euros...

As I said, there is also the risk that the constructed path will be damaged. By the way, I assume that it also has a non-professional substructure. It all looks very homemade and the fixing of the curbstones confirms that again.

But of course I understand your message. Nevertheless, the "existing rights protection" in this case is somehow crazy. The neighbor does not stay on his property and in a serious case is even rewarded for it.

What do you actually want to hear now? "Yeah, dig away that nonsense and dump the dirt in his driveway!"?

Theoretically, you can demand that he removes the concrete wedge from your property. Theoretically, you can also tear it down at some point if there is no response to letters, deadlines, etc. Normally, one looks for an amicable solution. Practically, however, as you described, that is not possible now. But you are not allowed to just dig up his path.

You want to continue, then carefully expose the curbstones and, if necessary, repair them again immediately. You have no other option if you want to proceed now. You'll just have to pay those few extra euros.

No, my questions were actually already answered beforehand. Primarily, I was interested in the different opinions.

We had a similar situation. A neighbor had piled up soil on his property and did not intercept it before it reached our property. We asked him to do that. He didn’t want to. We suggested: we do it, costs split fifty-fifty. No, he wouldn’t agree! But it’s fine like this now (no, it’s not fine, the soil kept sliding more and more onto our property with every rain shower, which we have tried to stop so far with driven-in steel rods and plates).

Legally, he should of course have intercepted it; we could have just left it like that and waited until everything slid onto our property, then applied to the building authority requesting that he intercept it because the material was on our land, waited for the authority’s response, possibly taken legal action – and the whole thing would probably have dragged on for years. Then we could have said “too bad for you!” and “you won’t do that over our property”. Which would have meant that he would have had to do it on his own land. Quite complicated, since larger machinery can’t get in there anymore. So it would have taken even longer.

We roughly estimated: 3 - 4 years until we would have enforced and gotten the wall that was his responsibility. In that time, our garden would always have been a construction site, constantly dirty from the neighbor. Sure, unlawfully, but that wouldn’t have made it nicer.

In the end, we built a wall at our own expense. If the neighbor wants anything from us now, he can go f*** himself.

It has already been suggested here: try to establish contact, maybe through the real estate agent. Point out that the enclosure was unlawfully on your property and that this is exactly what causes the described problem now, and try to find a joint solution. Maybe they aren’t all so awful and will cooperate. Not everyone is such an asshole like our neighbor (he is known and notorious throughout the whole village here and annoys everyone).

Otherwise: bear the costs yourself while looking for a cost-effective solution. I also believe that DIY work is definitely possible here. But even then, make sure to get permission to enter the property for that.

The alternative would be to wait until new owners arrive and then make it clear to them that the enclosure was unlawfully placed (namely on your land), etc. etc. – do you want to have a construction site that long? That would be too stupid for me.

We have now come to the conclusion with the landscape gardener that we will take a step back from the boundary after all. He considers it very likely that the entire path will collapse when they dig the foundation for the wall. Then we will have a much bigger problem instead of just a few curb stones. The 25 cm between the boundary and the wall will then be concreted and covered with some gravel so that it looks neat but remains maintenance-free. I think this is the way with the least potential for conflict, cost, and time loss.