How to identify the infringement of neighboring rights

The method of determining the infringement of neighboring rights is as follows:

1. Understand the scope of neighboring rights. The scope of neighboring rights includes right of way, lighting right, vision right, snowfall right, drainage right, fire prevention distance and so on. Need to know what legitimate rights and interests the real estate owner enjoys in the adjacent real estate;

2. Check relevant laws and regulations. You can consult the Urban Real Estate Management Law and other relevant laws and regulations to understand the legal basis and protective measures of neighboring rights;

3. Understand the infringement of neighboring rights. Need to know the situation of the infringed neighboring rights, such as what kind of neighboring rights are infringed and what kind of behavior is infringing neighboring rights;

4. Seek mediation. If you think that your neighboring rights have been violated, you can solve the dispute through mediation and other means. You can seek help from property management departments, neighborhood committees, legal aid agencies, etc.

5. file a lawsuit. If the dispute cannot be settled through mediation, you can bring a lawsuit to the court and seek legal relief.

The lawsuit requires the following materials:

1. Complaint: that is, the petition, which shall specify the petition, facts and reasons, and the required evidence;

2. Proof of identity: Both the plaintiff and the defendant need to provide proof of identity, such as identity cards and passports;

3. Relevant evidence: such as witness testimony, documentary evidence and physical evidence.

4. Legal documents: such as contracts, agreements and regulations;

5. Litigation costs: including litigation preservation fees, litigation acceptance fees and case acceptance fees;

6. Power of attorney of the entrusted agent: If applying for attorney, the power of attorney of the lawyer must be provided.

To sum up, the infringement of neighboring rights is complex and needs to be identified and dealt with in light of specific circumstances. It is suggested to consult relevant legal professionals in time when encountering relevant disputes to better safeguard their legitimate rights and interests.

Legal basis:

Article 288 of the Civil Code of People's Republic of China (PRC)

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 290

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 29 1

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

Article 292

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 293

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 294

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