Right to adjoining immovable property according to Vietnam legal regulations

Right to adjoining immovable property is one of other property-related rights in Viet Nam. Let’s find out this issue with lawyer X through the following situation: “Dear Lawyer! I want to ask what is right to adjoining immovable property? How shall the right to adjoining immovable property be established? Thanks for answering me!”

Legal grounds

2015 Vietnam Civil Code

Right to adjoining immovable property

Right to adjoining immovable property means a right to be exercised on an immovable property (hereinafter referred to as obliged immovable property) to serve the exploitation of another immovable property under ownership of another person (hereinafter referred to as entitled immovable property).

The right to adjoining immovable property shall be established according to natural terrain, as prescribed by law, according to agreement or will.

The right to adjoining immovable property shall take effect to every natural and juridical person and it is transferred concurrently with the transferred immovable property, unless otherwise prescribed by law.

Rules for exercising right to adjoining immovable property

The right to adjoining immovable property shall be exercised as agreed by the parties. If the parties fail to agree, the rules below must be followed:

– Ensure the appropriate exploitation of the entitled immovable property in conformity with the use purposes of both entitled and obliged immovable property;

– Do not abuse the right to the obliged immovable property;

– Do not obstruct or hassle the exercising of right to the entitled immovable property.

Change of exercising right to adjoining immovable property

In case the change of use or exploitation of the obliged immovable property leading the change of exercising of right to the entitled immovable property, the owner of the former immovable property must notify the owner of the latter immovable property within an appropriate period. The owner of the obliged immovable property must enable the owner of the entitled immovable property to adapt to such change.

Obligation of owners relating to draining of rainwater

An owner of house or construction works must install water drain pipes in order that the rainwater from its roof does not run onto any adjoining immoveable properties.

Obligation of owners relating to draining of waste water

An owner of house or construction work must install underground drains or water drainage channels to discharge waste water to the prescribed location in order that the waste water does not run and spill onto any adjoining immoveable properties or onto public streets or public places.

Rights relating to supply and drainage of water through adjoining immoveable property

Where, due to the natural location of immoveable property, the supply and drainage of water must pass through another immoveable property, the owner of the immoveable property through which the water flows must provide an appropriate channel for the supply and drainage of water and may not hinder or prevent the flow of water.

The person using the water supply and drainage channel must minimize to the lowest possible extent any damage to the owner of the immoveable property through which the water flows when installing the water channel. If damage is caused, compensation must be made. Where water flows naturally from a higher position to a lower position and causes damage to the owner of the property through which the water flows, the person using the water supply and drainage channel shall not be liable to compensate for any damage.

Rights relating to irrigation and water drainage in cultivation

A person having the right to use land for cultivation has the right to request neighboring land users to provide a reasonable and convenient water channel for irrigation and drainage. A person having been so requested has the obligation to grant such request. If the person using such water channel causes damage to neighboring land users, compensation must be made.

Regulations on right of passage

– An owner of immoveable property which is surrounded by immoveable properties of other owners such that there is no exit has the right to request one of the owners of adjoining immoveable properties to provide it with a passage to a public road on their land.

The passage shall be opened in the adjoining immoveable property which is deemed to be the most convenient and reasonable, taking into consideration the special characteristics of the location, the interests of the immoveable property which does not have an exit, and what will cause the least damage to the immoveable property through which the passage is created.

The owner of the immovable property eligible for the passage must compensate for the obliged immovable property, unless otherwise agreed.

– The location and the length, width and height of the passage shall be agreed by the owners in order to ensure convenient passage and minimize inconvenience to the parties. If there are any disputes regarding the passage, the parties may request the authorized State body to resolve.

– Where immoveable property is divided into more than one portion for different owners or users, upon division, necessary passages must be provided, without compensation, to persons in the interior as provided in Clause 2 of Article 25-

Right to install electricity transmission cables and communication cables through other immoveable properties

An owner of immoveable property has the right to install electricity transmission cables and communication cables in a reasonable manner through the immoveable property of other owners, but must ensure the safety and convenience of such owners. If damage is caused, compensation must be made.

Termination of easements over adjoining immoveable property

An easement over adjoining immoveable property shall terminate in the following circumstances:

– The entitled immovable property and the obliged immovable property belong to ownership rights of a person;

– The use and exploitation of the immovable property do not arise the needs of enjoying rights;

– Upon agreement of contracting parties;

– Other bases as provided by law.

Please see more:

• Instructions for exclusive registration of company logos in Vietnam
• Service of changing the legal representative of Vietnamese enterprises

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