Consulting on customers’ rights to adjacent real estate

Adjacent real estate creates a unique relationship between owners in exercising the right to use property. Understanding the rights to adjacent real estate helps customers avoid disputes and ensure legal benefits during the exploitation and use of assets. Therefore, please follow this article by Long Phan to help you clearly understand the legal regulations related to the rights and obligations between adjacent real estate owners.

What are rights to adjacent real estate?

Rights to adjacent real estate are specified in Article 245 of the 2015 Civil Code. This is a right exercised over a real estate (called entitled real estate) to serve the exploitation of another real estate. Other real estate owned by another person (called real estate with title).

Rights to adjacent real estate

Right to water supply and drainage through adjacent real estate

According to Article 252 of the Civil Code 2015, it is stipulated as follows:

• In case water naturally flows from high to low causing damage, the user does not have to compensate. The installation of water supply and drainage systems must comply with construction and environmental regulations.
• In cases where due to the natural location of the real estate, the water supply and drainage must go through another real estate, the owner of the real estate through which the water flows must set aside an appropriate water supply and drainage route, not obstructing it. Obstruct or block the flow of water.
• In addition, users of water supply and drainage paths must minimize damage to owners of real estate where water flows through when installing water lines; If damage is caused, compensation must be made. In case water naturally flows from a high location to a low location causing damage to the owner of the real estate through which the water flows, the user of the water supply and drainage route does not have to compensate for the damage.

Right to watering and drainage in farming

Pursuant to Article 253 of the Civil Code 2015, people with the right to use arable land, when there is a need for watering or drainage, have the right to request surrounding land users to provide them with a suitable water path. suitable and convenient for irrigation and drainage and the requested person has the obligation to meet that request.

In addition, if the user of the waterway causes damage to surrounding land users, he must compensate.

Right of passage

Pursuant to Article 253 of the Civil Code 2015, it stipulates the right of passage. Specifically, as follows:

• The owner whose real estate is surrounded by the real estate of other owners without or with insufficient access to a public road, has the right to request the owners of the surrounding real estate to provide him with reasonable access on their land.
• The location, length, width, and height limits of the walkway are agreed upon by the parties, ensuring convenience for travel and causing little inconvenience to the parties; If there is a dispute about the path, you have the right to request the Court or other competent state agency to determine.
• In case real estate is divided into many parts for different owners and users, when dividing, necessary passage must be reserved for people inside according to the provisions of Clause 2 of this Article without compensation.

Note:

• The path shall be opened on whichever adjacent property is considered most convenient and reasonable, taking into account the specific characteristics of the location, the interests of the surrounding property and the least damage caused to the property on which the path is opened.
• The owner of real estate enjoying the right of way must compensate the owner of the real estate subject to the right of passage, unless otherwise agreed.

Right to connect power and communication lines through adjacent real estate

Pursuant to Article 255 of the Civil Code 2015, regulations on the right to connect power transmission and communication lines through adjacent real estate. Specifically, real estate owners have the right to install power transmission and communication lines through the real estate of other owners in a reasonable manner, but must ensure safety and convenience for the owners. there; If damage is caused, compensation must be made.

Benefits of being consulted about rights to adjacent real estate

Consulting on rights to adjacent real estate helps customers master the legal regulations and practices applied in the process of exercising rights. Through consulting, customers will accurately determine the scope of their rights and obligations towards the adjacent real estate owner, thereby having the most effective plan to exploit and use the property.

In addition, understanding the regulations governing rights to adjacent real estate will help customers proactively prevent disputes that may arise and have appropriate solutions when conflicts arise. with adjacent property owners.

In addition, receiving in-depth advice also helps customers save significant time and costs in the process of exercising their rights and resolving arising problems.

In particular, when a dispute arises, having advice and support from experts will help customers best protect their legitimate rights and interests through appropriate dispute resolution methods.

Consulting services on customers’ rights to adjacent real estate

With extensive and in-depth expertise in the field of real estate. Long Phan will help customers provide the most optimal solution to protect your legitimate rights and interests as well as avoid future risks. Consulting and support services provided by Long Phan include:

• Consulting on relevant regulations on adjacent real estate.
• Consulting on customers’ rights and obligations regarding adjacent real estate.
• Consulting on exploitation and use of adjacent real estate.
• Consulting on transactions related to adjacent real estate.
• Support negotiations and negotiations when adjacent real estate disputes occur.
• Support customers in resolving disputes and litigation.
• Consulting on other issues related to adjacent real estate.

Through the content of the above article, Long Phan hopes that you will have more useful information about rights to adjacent real estate as well as important benefits when you use consulting and support services in the process of protecting your rights. Please contact Long Phan immediately via the hotline: 0906735386 for detailed advice and the most suitable solution for your needs.