Facts
[A.] has been the owner of the property D. Gbbl. No. x since 2015. In 1988, [E.] acquired the topographically lower-lying neighboring property D. Gbbl. No. y. Between the two properties, a wooden palisade wall was erected to secure a fill on the higher-lying property No. x, which has since shifted downwards, i.e. towards property No. y, by a few centimeters.
[E.] filed a lawsuit against [A.] to compel her to secure property No. y by means of a slope or a new retaining wall along the parcel boundary and to remove the installed switchboards. The Regional Court of Berner Jura-Seeland subsequently obliged [A.] accordingly. A.'s appeal against this was dismissed with costs by the Cantonal Court of the Canton of Bern.
[A.] appeals to the Federal Supreme Court with a civil law appeal and a subsidiary constitutional appeal, requesting that the lawsuit of February 8, 2018 be dismissed without costs.
Considerations
The Federal Supreme Court dismisses the appeal, insofar as it enters into it. It states that the contested decision concerns a civil law matter in a property law matter, for which the civil law appeal is only admissible if the amount in dispute reaches CHF 30,000. Since the amount in dispute was determined by the Cantonal Court to be CHF 25,000, the civil law appeal is not to be entered into.
Instead, the appeal is to be treated as a subsidiary constitutional appeal. In this case, the Federal Supreme Court examines, independently of the type…