First, how much does it cost to sue neighbors for neighboring rights?
Generally ranging from 500- 1000 yuan, depending on the actual situation. The application execution fee shall be paid in advance by the applicant when submitting the application.
People's Republic of China (PRC) Civil Procedure Law
1. If the case is found to be a criminal offence during the trial of an economic dispute case and the whole case is transferred to the relevant department for handling, the case acceptance fee paid in advance will be refunded; If it is necessary to continue the trial after the economic dispute case is transferred, the case acceptance fee paid in advance will not be refunded.
2. If the lawsuit is suspended, the case acceptance fee paid in advance will not be refunded. After the reasons for suspending the lawsuit are eliminated, the case acceptance fee will not be paid in advance when the lawsuit is resumed.
3. If the people's court of second instance remands the case for retrial, the acceptance fee of the appeal case paid in advance will not be refunded; If an appeal is filed after retrial, the case acceptance fee will not be paid in advance.
4. When the litigation case ends, the case acceptance fee paid in advance will not be refunded.
Second, the basic content of neighboring rights
Neighboring right is the right to use or restrict neighboring real estate for its own cheap use. Its basic content includes two aspects:
The first is the right to use adjacent real estate for specific purposes. That is, in the case that it is cheap to use one's own real estate, it is necessary or necessary to make specific use on adjacent real estate, such as crossing adjacent land and laying pipelines. , including the content of easement formed by agreement on this basis, mainly reflected in the positive easement. In these two legal systems, the connotation is the same, that is, "the servant must be allowed to carry out specific acts on his land, such as passage and water intake."
The second is to restrict the rights of neighboring real estate users to specific behaviors of their real estate. That is to say, when the adjacent users of real estate use their real estate and cause harm (including danger) to their neighbors, the neighbors have the right to exclude it. "Not disturbed by neighboring real estate" is the natural content of real estate ownership. The negative easement in the two legal systems is also the embodiment of this right, that is, "the person who owns the easement land is prohibited from doing certain legal acts on his land, because this will affect the easement land."
Neighborhood right is a kind of right subordinate to adjacent land, and the existence of factual state determines the ownership of right. The subject of neighboring right is limited to the user of real estate, not to the owner of adjacent real estate. Because the adjacent relationship is set to adjust the utilization relationship of land or buildings, all real estate users are naturally the subjects of the adjacent relationship, including land use rights holders, pawnbrokers and lessees. In the "private interests" of Anglo-American legal system, the subject of litigation is not limited to the owner of real estate. "The lessee also has this interest, and the owner or the lessee's family members can also file a lawsuit according to the actual interests of the land use and income they enjoy."
Because the land in our country is public, citizens, legal persons and unincorporated organizations can enjoy the ownership of buildings according to law, so our country actually implements the system of building absorbing land use rights.
To sum up, the neighboring right is the right subordinate to the neighboring land, and the existence of factual state determines the ownership of the right. Neighborhood should still deal with matters involving interests, otherwise it will affect the harmony between neighbors. If the cost of suing neighbors is not fixed, it should be decided according to the actual situation to protect their legitimate rights and interests according to law.