1. The Concept and Basic Characteristics of Adjacent Relationship (1) The Concept of Adjacent Relationship When the owner or user of adjacent real estate exercises his or her legal rights, he or she shall respect the owner or user of the other party. rights should be given certain conveniences or subject to certain restrictions. The law determines this relationship between neighbors in the form of rights and obligations, that is, the adjacent relationship. It can be seen that the adjacent relationship refers to the rights and obligations of two or more owners or users of adjacent real estate when exercising their rights of possession, use, income, disposal, etc. The real estate adjacent relationship is essentially an extension of the property rights of one owner or user, and at the same time a restriction on the property rights of the other owner or user. Or vice versa, for example, from Dallas to the Auditorium, both parties A and B are the contract owners of collectively owned land, and the land contracted by Party A is between the land contracted by Party B and the public access road. If Party B cannot access public access without the land contracted by Party A or there are other accesses but it is inconvenient, Party B has the right to access public access or its own land through the land contracted by Party A. In this way, there is a relationship between A and B. For B, this neighbor relationship is a reasonable extension of his land use rights, while for A, it is a necessary restriction on his land use rights. This kind of reasonable extension and necessary restriction of property rights will not damage the legitimate rights and interests of the owner or user, but can also meet the reasonable needs of the other party. It is of great significance for giving full play to the effectiveness of property rights, promoting social and economic development, and stabilizing social order. important meaning.
(2) The basic characteristics of the adjacent relationship: From the perspective of the right holder, the adjacent relationship is adjacent rights, which is essentially a legal easement. From the perspective of the rights holder, it is a legal extension of their rights, and from the perspective of the party who needs to provide convenience, it is a legal restriction of their rights. Therefore, the occurrence of an adjacent relationship must meet the following conditions, which can also be said to be the basic characteristics of an adjacent relationship:
First of all, the occurrence of an adjacent relationship must involve more than two civil subjects. Adjacent relationships occur between two or more adjacent owners or users of real estate. A neighbor can be a citizen or a legal person; it can be a property owner, such as a collective organization or a house owner, or a non-owner, such as a contractor or lessee. In other words, anyone who can become the subject of real estate rights can also become the subject of adjacent relationships.
Secondly, the real estate owned or occupied by the subject of the adjacent relationship must be adjacent, and its occurrence is often related to the natural conditions of the real estate. If the properties adjacent to each other are movables and it is inconvenient to exercise rights, you only need to remove the movables that are not adjacent; if the real estate of the parties is not adjacent, there will be no conflict when the parties exercise their rights. There is an adjacent relationship. The adjacency of real estate is different from the connection of real estate, including both the interconnection of real estate and the adjacency of real estate. For example, A and B are neighbors, and their houses face south. There is an east-west alley between the houses on both sides, which is the same passage formed by history. Then A's homestead and Gang Lane are connected and will have an adjacent relationship; between Party A and Party B, even if the alley is not registered in Party B's homestead use right, it is adjacent to their homestead. Because one party passes through the alley, the adjacent relationship will also occur. If one of the homesteads of Party A and Party B is in Hebei and the other is in Sichuan, it is naturally impossible to have such a transportation relationship.
Thirdly, the neighbor relationship is a subordinate relationship, and its object is not the property itself, but the economic benefits or other benefits related to the neighbors arising from the exercise of ownership or use rights (such as noise affecting neighbors’ rest). ), there is no dispute over the property itself. This relationship cannot exist without adjacent real estate.
The adjacent relationship is based on the mutual adjacency of real estate. It is a right that exists with the existence of real estate and is not set by people. No matter who enjoys the ownership or possession rights of the jointly owned real estate, the adjacent relationship exists and will not be eliminated due to the change of the owner or occupier of the real estate. When the owner or occupier of adjacent real estate transfers the possession or possession of his or her real estate to another person, the adjacent rights are also transferred.
2. Several main adjacent relationships
The range of adjacent relationships is very wide and the situation is very complex. Here are just a few common adjacent relationships.
(1) Relationship between adjacent land uses. If the adjacent party's buildings or land are surrounded by the adjacent party's land, public access cannot be reached without passing through the adjacent party's land, or there are other accesses that are more expensive or inconvenient and can be reached through the adjacent party's land. Public access. However, when a passerby chooses a road, he must choose the most necessary route with the least loss, and the passerby must also compensate for the damage caused to adjacent areas by the passage. The owner or user of the land does not have the right to block or appropriate the passage formed historically so as not to impede the passage of neighbors. If it is absolutely necessary to divert traffic, the consent of neighbors should be obtained.
(2) The relationship between adjacent risk prevention and pollution emissions. During land excavation (such as drilling water wells, etc.) and building construction, adjacent parties shall not shake the foundation of adjacent land or endanger buildings on adjacent land; adjacent buildings are in danger of collapse, threatening the lives and property of adjacent people. , the adjacent party should take preventive measures; when stacking flammable, explosive, toxic, radioactive and odorous items, the adjacent party should keep a certain distance from adjacent buildings, or take preventive measures and safety devices. If the other party fails to perform this obligation, the neighboring party has the right to request that the obstruction be removed and compensate for losses. In the process of production and scientific research, the waste gas, waste water and waste residue discharged by neighbors must not exceed the national emission standards. Neighboring parties have the right to require neighboring parties to remove obstructions due to excessive emissions and also have the right to demand compensation for damage caused.
(3) The relationship between adjacent water use, running water, water interception and drainage. Neighbors should maintain the natural flow direction of water. If the flow direction needs to be changed to affect the neighboring party's water use, the other party's consent should be obtained and appropriate compensation should be given for the resulting losses. In order to irrigate the land, it is necessary to increase the water level upstream. When a dam must be built on the opposite bank, the land owner or user on the other side should allow it; if the land owner or user on the other side also uses the dam and other facilities, they should be based on the benefits. Share the cost by size. All owners or users of water supply locations may use tap water, but they must negotiate with each other and distribute it reasonably, and must not intercept it without authorization, nor affect upstream drainage. When installing pipes, gutters, or other fixtures on a property, an adjacent party shall not allow rainwater from the property to flow directly into the adjacent building or land.
(4) Installation relationship of adjacent pipelines. The neighboring party buried the pipeline; when the line needs to cross the other party's land, the other party should allow it, but the neighboring party should choose the location and method with the least damage. The neighboring party should also compensate for the land occupied by the construction and the losses caused, and clean up afterwards. site.
(5) The relationship between adjacent lighting, ventilation, sound and vibration. When a neighbor builds a house, he should keep a certain distance from his neighbor's building to avoid affecting the lighting and ventilation of his own building. Neighboring parties must pay attention to the clean and comfortable environment, pay attention to spiritual civilization, and shall not interfere with the work, life and rest of their neighbors with loud noises, noises, and vibrations. Otherwise, the neighbor has the right to request an end to the infringement.
(6) Ownership of adjacent bamboo trees. If the ownership of bamboo trees, boundary walls, boundary ditches, etc. on adjacent land boundaries cannot be determined, it is presumed that the adjacent parties have property, and the * * * * principle applies to their rights and obligations. If the roots and branches of bamboo or wood on adjacent land exceed the limit, the treatment method should be determined based on whether it affects the use of the land.
Three. Determination of Adjacent Relationship Disputes From the above discussion, we can see that adjacent relationships are extremely complex, legal relationships involve a wide range of areas, and conflicts and disputes may inevitably arise between adjacent parties in social life. This kind of dispute over the adjacent relationship between adjacent parties caused by the exercise of neighboring rights is a neighboring rights dispute, also known as a neighboring rights dispute. Neighboring rights are the rights and obligations arising from the exercise of ownership or use rights between owners or users of adjacent real estate. But can we conclude that neighboring rights are a kind of neighboring rights? In other words, can only the owner or user of adjacent real estate carry out acts that infringe on neighbor rights? This is an important issue in the determination of neighboring rights disputes, and also an important issue in the infringement of neighboring rights by the party confirming the right.
The author believes that although neighboring rights are rights and obligations between owners or users of adjacent real estate arising from the exercise of possession, use and income from the real estate, from a legal perspective, neighboring rights are an absolute Rights rather than relative rights. One of the characteristics of absolute rights is that the subject of the obligation is not specific. Anyone other than the creditor has obligations that will not hinder the exercise of his rights. The creditor can claim rights against anyone. Therefore, not only will neighboring parties infringe on each other's neighboring rights, but others will also infringe on neighboring rights. Anyone who interferes with the right holder’s exercise of neighboring rights can constitute an infringement of neighboring rights, that is, a dispute over neighboring relations. Adjacency is part of the traditional property law, but so far, only one clause in Article 83 of the General Principles of Civil Law stipulates adjacency, that is, “adjacent parties to real estate shall act in a manner that facilitates production, facilitates life, solidarity and mutual assistance, fairness and reasonableness” In the spirit of water interception, drainage, transportation, ventilation, lighting, etc., if the adjacent parties cause obstacles or losses, the infringement should be stopped, the obstacles should be removed, and the losses should be compensated. "In the absence of any more clear and specific provisions. Under the circumstances provided by law, it is extremely difficult for my country's legal community, especially the court system, to determine the application of law in adjacent disputes. In civil law theory, there is a right that is very similar to the adjacent relationship, namely easement, which is also the content of traditional property law. Although there are still no provisions on easements in our country's current laws, it is generally believed that easements are the right to use other people's land obtained for the convenience of one's own land, but there is a big difference between easements and adjacent relationships. Now the author will talk about his views on the identification of adjacent relationship disputes based on the differences between the two: First, the legal nature of the two is different. Neighborhood provisions are intended to define the scope of ownership. Although the original land ownership or use rights are expanded or restricted, it still belongs to the ownership and does not constitute a new independent property right. An easement is a usufruct right and a typical type of property right. Secondly, the reasons for the two are different. Adjacency is an extension or limitation of the ownership content and is directly regulated by law; however, an easement can be created by contract between the owner or user of the real property. Easements, as property rights, can also be acquired through inheritance. In addition, under the conditions of "both continuity and superficiality", the easement can also be obtained through prescription. Third, neighboring rights and easements have different functions in the legal system. Adjacent relationship is a minimum legal regulation of land use relationships, which does not exceed the scope of ownership and is at best an expansion of ownership; easements are a broader adjustment beyond this minimum adjustment, mainly It is established based on the expression of intention between the parties and has the function of making up for the shortcomings of adjacent relationships. Fourth, adjacent rights and easements differ in terms of whether they are paid or unpaid and their duration. In neighboring relationships, neighboring rights are directly stipulated by law. Unless the right holder's exercise of rights causes losses to neighboring people, the neighboring right holders can exercise their rights free of charge. Paid or free easements belong to the category of autonomy of will, and both parties can freely exercise their rights in the contract. Agreement. In addition, the term of the easement can also be agreed upon by the parties, and a permanent easement can be set. The term of the adjacent relationship is legal. Fifth, since the adjacent relationship is legal, its establishment and confrontation with third parties can occur naturally without registration; as one of the property rights, the easement should be registered, otherwise it will only have the effect of a creditor's right. Sixth, the difference between adjacency and easement lies in whether two pieces of land with different ownership should be "adjacent". Adjacency occurs between adjacent real properties, but an easement does not require this.
Fourth, handling of disputes over neighboring relations
(1) Principles for handling disputes over neighboring relations In real life, due to the exercise of neighboring real estate rights, neighboring persons cannot Avoid relationships of one kind or another. If it is not handled well, conflicts and disputes will arise, which will affect the normal social order. Therefore, adjacent relationships should be handled properly and correctly in accordance with the principles and specific provisions of the adjacent relationship law. Adjacent relationships, like other civil legal relationships, are guided by the basic principles of my country's civil law. Therefore, when dealing with neighboring relationship disputes, we must abide by the basic principles of my country's civil law. For example, citizens’ civil rights and interests are protected by law, and civil activities should respect social justice and must not harm the interests of the public. At the same time, our country's laws also stipulate some special principles for dealing with neighboring relationships. Article 83 of the "General Principles of the Civil Law" stipulates: "Parties adjacent to real estate shall correctly handle the adjacent relationships in terms of water interception, drainage, transportation, ventilation, lighting, etc. in the spirit of convenience for production, convenience for life, solidarity and mutual assistance, and fairness and reasonableness. ....."According to this, the following three principles should be paid attention to when handling disputes over adjacent relations: 1. It is conducive to production and convenient for life.
Adjacent relationship is the relationship of rights and obligations arising from people's possession, use, income and disposal of adjacent real estate in production and life, and is directly related to people's normal production and life. Therefore, the principle of handling adjacent relationships should be conducive to production and life. For example, the land contracted by three contractors A, B, and C is adjacent to each other, and their land has been irrigated by the same stream for a long time. The land contracted by A is in the upper reaches of the stream, the land contracted by B is in the middle reaches of the stream, and the land contracted by C is in the lower reaches of the stream. Due to the shortage of water during drought, the water source of the creek cannot meet the needs of land irrigation. At this time, neither Party A nor Party B can cut off the stream to irrigate their own land. Instead, they should correctly handle the adjacent relationship of water use and use the limited water on the land where the three people need it most and have the greatest economic benefits, so as to reduce unnecessary losses and maximize their economic benefits. Maximize economic benefits and promote the development of production.
2. Solidarity and mutual assistance. In our socialist country, the fundamental interests of the country, the collective and the individual are consistent. In all aspects of social life, the relationship between people is essentially a relationship of mutual assistance and cooperation. This relationship originates from the common interests of the working people in socialist production relations and is essentially the same as the social relationship based on private ownership. difference. Therefore, it is necessary and possible to handle relations with neighboring countries based on the principle of solidarity and mutual assistance. For example, when B must pass through A's land to reach B's land from a public access, A should allow it. For another example, owners or users of lowlands should allow the natural flow of water from the highlands to flow to their own land and should not intercept it and cause losses to the highlands. The principle of solidarity and mutual assistance also requires neighboring people to resolve neighboring disputes through consultation, understand each other, respect each other's rights and interests, and not only care about their own interests and ignore their own legitimate rights and interests.
3. Fair and reasonable. Chinese laws strictly protect the rights of citizens, and no organization or individual may illegally infringe upon them. Neighboring relationships are essentially the needs of one party's rights. The provisions made taking into account the overall interests of society not only do not violate the principle of protecting civil rights, but also further protect the civil rights of companies and legal persons. Therefore, adjacent relationships should be handled fairly and reasonably, and the extension of one party's rights and the limitation of the other party's rights must be within reasonable and necessary limits; it also requires that both parties bear certain obligations while enjoying rights. For example, if a neighboring party must use the other party's land to lay wires, cables, and pipes, the other party should allow it, but the using party should choose the location and method with the least harm, compensate for the losses caused by occupying the land and construction, and clean up the site afterwards. . Conducive to production, convenient for life, solidarity and mutual assistance, and fairness and reasonableness are the three major principles for handling neighbor relations. These three principles are interrelated. When dealing with neighboring relations, we must comprehensively balance the rights and interests of neighboring parties, comprehensively consider the spirit of these three principles, proceed from the perspective of facilitating production and convenience of life, and handle neighboring relations fairly and reasonably based on the requirements of solidarity and mutual assistance.
(2) Ways to deal with disputes between neighboring countries
Neighborhood disputes are ever-changing and complex in form. Some are illegal construction, some are illegal sewage discharge, and some are forest law, water law, grassland law, etc. Other separate laws and regulations. Therefore, when dealing with neighbor relationship disputes, existing disputes should be resolved based on the actual needs of the case and from the perspective of maintaining social stability and neighborhood unity.
First of all, disputes in relations between neighboring countries should be resolved peacefully through voluntary consultations by relevant parties.
Secondly, if negotiation fails, the parties can * * * mediate their disputes with the people's mediation organization. At the same time, we request relevant authorities such as the land and resources department, forestry department, construction department, and urban management department to provide assistance when disputes arise, and strive for mediation on the premise of effectively stopping illegal activities.
Finally, if the two parties fail to reach an agreement or mediation fails, the parties can file a lawsuit in court and request the court to resolve the matter in accordance with legal procedures. Of course, it is because the provisions of adjacent legal norms are too principled and lagging, and at the same time they are between civil legal norms and administrative legal norms; there is a conflict between procedural requirements and substantive trial requirements, which inevitably leaves the court to review the adjacent relationship. Dispute cases bring great difficulties. However, the court should follow the principles of handling adjacent relationships stipulated in the General Principles of Civil Law, be reasonable and reasonable, seek the fulcrum of "equitable", determine its nature in accordance with the law, and strive to handle disputes fairly and reasonably. Of course, when specific adjacent relationship disputes arise that should be coordinated by an administrative department or other department, the court should proactively seek assistance. To sum up, the identification and handling of adjacent relationship disputes are important issues related to social stability and whether the legal rights of the parties can be protected by law.
It is an important dispute in my country's civil disputes and has its own unique nature. If disputes in neighboring relationships can be properly handled, it will play an important role in the long-term stability of society and the harmony and unity of the people.
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