Legal provisions on neighboring rights

The legal provisions of neighboring rights are mainly property law, general principles of civil law and people's opinions.

Chapter VII Neighborhood Relations in Property Law

Article 84?

The neighboring right holders of real estate shall correctly handle the neighboring relationship in accordance with the principles of favorable production, convenient life, solidarity and mutual assistance, and fairness and reasonableness.

Article 85?

Laws and regulations have provisions on dealing with adjacent relations, in accordance with its provisions; Where there are no provisions in laws and regulations, local customs can be followed.

Article 86?

The property owner shall provide necessary convenience for the adjacent obligee to use water and drain water.

The utilization of natural running water should be reasonably distributed among the adjacent owners of real estate. The discharge of natural running water should respect the natural flow direction.

Article 87?

The real estate owner shall provide necessary convenience for the neighboring owners to use their land for traffic and other reasons.

Article 88?

If the owner of real estate needs to use the adjacent land or building to build or repair houses and lay wires, cables, water pipes, heating and gas pipelines, the owner of land or building shall provide necessary convenience.

Article 89?

The construction of buildings shall not violate the relevant national engineering construction standards, and shall not interfere with the ventilation, lighting and sunshine of adjacent buildings.

Article 90

Property owners shall not abandon solid wastes or discharge harmful substances such as air pollutants, water pollutants, noise, light and electromagnetic radiation in violation of state regulations.

Article 91?

Real estate owners are not allowed to dig holes to borrow soil, build buildings, lay pipelines and install equipment, endangering the safety of adjacent real estate.

Article 92?

The property owner uses the adjacent property for water use, drainage, traffic, pipeline laying, etc. We should try our best to avoid causing damage to neighboring real estate owners; Cause damage.

general rules of civil law

Article 83?

The neighboring parties of real estate shall correctly handle the neighboring relations such as water interception, drainage, transportation, ventilation and lighting in accordance with the spirit of convenient production, convenient life, solidarity and mutual assistance, and fairness and reasonableness. If it causes obstruction or loss to the neighboring party, it shall stop the infringement, remove the obstruction and compensate for the loss.

People's opinions

Article 97

If the neighboring party temporarily occupies the land used by the other party for construction, and the occupied party fails to use it in accordance with the scope, purpose and time limit agreed by both parties, it shall be ordered to clean up the site in time, remove obstacles, restore the original state and compensate for losses.

Article 98

If one party arbitrarily intercepts and monopolizes natural tap water, which affects the normal production and life of the other party, the other party has the right to request that the obstruction be removed; If losses are caused to the other party, it shall be liable for compensation.

Article 99

If the neighboring party must use the other party's land for drainage, it shall be allowed; However, it should be used within the necessary limits and appropriate protective measures should be taken to drain water. If losses are still caused, the beneficiary shall give reasonable compensation.

The neighboring countries can take other reasonable measures to drain water, but failed to do so. Drainage to the other side's land damages or may damage the other side's property, and the other side requests the injurer to stop the infringement, eliminate the danger, restore the original state and compensate for the losses, which shall be supported.

Article 100

If one party must pass through the land used by the neighboring party, it shall be allowed; Therefore, if losses are caused, appropriate compensation should be given.

Article 101

The owner or user shall not block the historically formed passage in the building owned or used by one party. If the blockage affects the production and life of others, and others demand to remove the blockage or restore it to its original state, they should support it. However, if conditions permit, another channel can be opened.

Article 102

When dealing with disputes over dripping of adjacent houses, if the party at fault causes damage to the other party, it shall be ordered to remove the obstruction and compensate for the losses.

Article 103

Adjacent parties dig ditches, pools, cellars, etc. On the land it uses, or the roots and branches of bamboo and wood planted extend, endangering the safety and normal use of the other building, it shall be ordered to eliminate the danger, restore to the original state, and compensate for the losses according to the circumstances.

Extended content:

The definition of neighboring rights has its profound moral value. Everyone has the idea of acting freely for their own interests and wants a comfortable, happy, quiet and harmonious family life.

People in social life will realize that they have the right to live as they please, just don't bring trouble to others, otherwise others have the right to bring trouble to their own lives, even if they don't realize it at first, they will eventually accept the rules of life. The concept of human rights was not given by law at first, but gradually formed in people's daily life.

As long as people can peacefully exercise certain rights, respect for the rights of others will be gradually realized. The concept of neighboring rights also has such a process. Law does not impose rights and obligations on people's will, but legalizes them in people's conscious consciousness.

Few people don't realize the importance of neighborhood relations. On the basis of respecting and trusting people, the legalization of neighboring rights is to coordinate the daily life and economic life of neighboring people by fully clarifying their rights and obligations, and to realize mutual assistance and mutual accommodation between neighbors and even between human beings.

Neighboring right is the right to use or restrict other people's real estate for the sake of cheapness. The use of other people's real estate clearly embodies the property right of neighboring rights, that is, things that directly dominate others.

Restricting others' specific use of their own things is mainly achieved by prohibiting the users of adjacent real estate from doing specific behaviors. If this also reflects the property right of neighboring rights, it is at least indirect and the constraint on others' behavior is direct.