1. Disputes about domestic, industrial and agricultural water use, especially the relationship between water demand and drainage in high and low places, upstream and downstream, left and right banks, and water conservancy and water disasters. If losses are caused to the other party, compensation shall be made; If water conservancy is shared, the cost should also be shared.
2, about the prevention of disputes such as danger and harm. Such as environmental pollution, storage and use of explosive and flammable materials, construction near houses, dangerous buildings, etc. The neighboring parties shall avoid causing danger and harm to the neighboring parties due to their own reasons. Also have the right to ask the other party to eliminate dangers and hazards. Once losses are caused, the responsible person shall bear the responsibility according to law.
3. Disputes over the passage and use of adjacent land. Including the right of way to public passages through adjacent land, the installation of pipelines and lines through adjacent land, and the use of adjacent land for construction. If losses are caused to the other party, compensation shall also be made. The proof of the adjacent relationship should be borne by the implementer, and it is much more difficult for the implementer to prove it, similar to environmental cases.
How to give consideration to the interests of neighboring relations
Give consideration to the interests of all parties, mutual understanding and accommodation, mutual assistance and unity.
Disputes between adjacent parties over the right to use and ownership of natural resources such as land, mountains and grasslands. Or disputes caused by environmental pollution, must be resolved through consultation in the spirit of mutual understanding, mutual accommodation and unity; If negotiation fails, it shall be settled by the relevant state organs and people's courts. Before the dispute is settled, both parties to the dispute shall not waste natural resources such as land and mountains, destroy relevant facilities, gather people to make trouble, or occupy or destroy property. Those who deliberately make trouble and cause property losses and personal injuries shall be investigated for administrative responsibility and even criminal responsibility in addition to civil responsibility.
When exercising ownership or right to use, neighboring parties shall cooperate with each other and give consideration to the interests of neighboring people. Begging for neighbors, harming the interests of others and interfering with the public interests are all against the principles that neighborhood relations should follow. When dealing with disputes over neighboring relations, the people's courts should also give consideration to the interests of all parties, so that disputes can be properly resolved.
Third, the fairness and rationality of the adjacent relationship.
Fairness and rationality is the value goal pursued by civil law and the basic principle of dealing with adjacent relations, which has four meanings:
1, adhere to the equality of rights and obligations. All neighboring parties are equal civil subjects, and no one can just exercise their rights without fulfilling their obligations. If the neighboring party fails to perform its obligations, it shall bear civil liability.
2. The exercise of rights should be kept within a reasonable range.
3. Respect the objective situation and historical formation order.
4, avoid or eliminate the nuisance, reasonable compensation for losses.
There are many kinds of adjacent relations, and it is difficult for the law to make specific provisions on all kinds of adjacent relations. This requires the people's court to proceed from reality, conduct in-depth investigation and study, give consideration to the interests of all parties, give due consideration to historical conditions and habits, and handle disputes fairly and reasonably.
The relationship between adjacent damage prevention and exemption includes the relationship between sunlight damage prevention and exemption, the relationship between adjacent environmental protection and the relationship between adjacent danger prevention and exclusion.
1. Sunlight hinders the relationship between prevention and exemption.
When building a building, the neighboring parties shall keep a proper distance from the buildings of the neighboring parties and shall not interfere with the ventilation, lighting and sunshine of the neighboring parties. If a building built by an adjacent party affects the ventilation, lighting and sunshine of the adjacent party, it constitutes a nuisance, and the injured party has the right to raise an objection and ask the nuisance party to take necessary relief measures.
The establishment of the relationship between adjacent ventilation, lighting and sunshine in civil legislation or real right legislation stems from people's pursuit of living quality in real society, and the condition of ventilation, lighting and sunshine is one of the important standards to measure living quality. With the development of urbanization in modern society, high-rise buildings in modern cities are becoming more and more popular, the distance between buildings is narrower than in the past, and contradictions and disputes about ventilation, lighting and sunshine are also emerging one after another. At the same time, the problems of ventilation, lighting and sunshine have increasingly become an important part of people's quality of life, and people's requirements for ventilation, lighting and sunshine are getting higher and higher, so this type of neighborhood relationship has increasingly become one of the issues of social concern. Therefore, many countries have formulated specific rules on the relationship between adjacent ventilation, lighting and sunshine through legislation, and some countries have also precisely limited the distance between buildings to ensure residents' ventilation, lighting and sunshine.
2. Adjacent environmental protection relationship
Accordingly, neighboring parties should take necessary preventive measures according to relevant laws and regulations when discharging the above-mentioned pollution and harmful substances in production or life. If the discharge of harmful substances and environmental pollution cause damage to the personal or property rights of the neighbors, the other party has the right to demand to stop the infringement, remove the obstruction and compensate for the losses.
It should be said that people's quality of life in modern society has been paid more and more attention by society, and governments all over the world are stepping up their efforts to protect the environment, among which the important measure is to strengthen legislation on environmental protection. However, the environmental protection law is not omnipotent in adjusting environmental protection, and the adjacent relationship caused by environmental problems and the civil liability of environmental infringement are mainly adjusted by civil law. Therefore, the civil legislation of all countries pays attention to adjusting and regulating the adjacent environmental protection relationship in the adjacent relationship. Generally speaking, the law should, in principle, prohibit the harm of unmeasurable substances such as gas, steam, hot air, smell, smoke, dust, noise and vibration to adjacent real estate. However, if the infringement is minor or does not constitute infringement according to local customs, the neighboring real estate owners should tolerate it. When it exceeds the necessary limit or tolerable limit, the neighboring party may require the other party to bear corresponding legal responsibilities.
3. The relationship between prevention and elimination of adjacent hazards
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. Accordingly, neighbors should take necessary preventive measures when building, laying pipelines and installing equipment on their own or land, and must not endanger the personal and property safety of others. If the buildings on the land of the neighboring people are in danger of collapse or the installation of pipelines and ditches during construction endangers the personal and property safety of one party, the neighboring party has the right to ask the real estate owner of the construction to eliminate the danger and cause damage, and may ask the neighboring real estate owner to make compensation.
Specifically, the main purpose of the legal norms on preventing and excluding neighboring dangerous liaisons is to maintain the safety of real estate, which is mainly reflected in the following aspects:
First, when excavating land or foundation or building buildings on your own land, you should pay attention to avoid the danger of shaking or shaking the foundation of adjacent land, causing damage to buildings on adjacent land.
Second, when laying pipelines (such as water pipes) near the boundary line with adjacent buildings, it is necessary to prevent soil and sand from collapsing and prevent water or sewage from leaking into adjacent buildings.
Third, when installing equipment, real estate owners should pay attention to prevent dangerous infringement on adjacent real estate, and have the obligation to eliminate this danger.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 290 The owner of a property shall provide necessary convenience for the neighboring owners 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 291 The owner of a realty shall provide necessary convenience for the neighboring owner to use his land for traffic and other reasons.
Article 292 Where the owner of a real estate needs to use adjacent land or buildings for building or repairing houses and laying wires, cables, water pipes, heating and gas pipelines, the owner of the land or building shall provide necessary convenience.
Article 293 The construction of a building shall not violate the relevant national engineering construction standards, and shall not interfere with the ventilation, lighting and sunshine of adjacent buildings.