Real estate is a valuable asset class. Therefore, establishing ownership is a matter of concern for owners. However, there are cases where the owner must share some of the rights to a portion of this property with others. Because they have the right to adjoining real estate. What is the law on this adjoining real estate? LSX Lawfirm will give you an article about: “Regulations on rights to adjoining real estate in Vietnam”, as follows:
Legal grounds
Civil Code 2015
Right to adjoining immovable property
The right to adjoining immovable property is one of the most important rights for the limited use right of adjoining immovable property under the provisions of the Civil Code 2015. Accordingly, the right to adjoining immovable property is understood as the right to with people who have adjacent real estate to exploit other people’s real estate to serve some of their essential needs. Specifically, Article 245 of the 2015 Civil Code provides as follows:
Article 245: Rights to adjoining immovable property
Right to adjoining immovable property means the right to be exercised on an immovable property (referred to as the entitled immovable property) in service of the exploitation of another immovable property owned by another person (referred to as the entitled immovable property). immovable property). The establishment of rights to adjoining immovable property is based on the natural location, agreement, provisions of law or will.
Principles of exercising rights to adjoining real estate
The principle of the application of civil law is to respect the parties’ right to agree. Therefore, first, whether or not to use adjacent real estate, how much to use, how long the two parties can agree with each other. If there is no agreement, the use of adjacent real estate must comply with the following principles:
- To ensure the reasonable needs of the exploitation of the entitled immovable property in accordance with the purposes of use of both the entitled immovable and the entitled immovable;
- For example, ensuring the drainage of rainwater, sewage, watering, drainage in farming or passageways, Electrical transmission lines, communication.
- Not to abuse the right to the property subject to the right;
- Do not perform acts that prevent or make it difficult to exercise the right to the entitled immovable property.
Termination of rights to adjoining real estate
The right to adjoining immovable property shall terminate in the following cases:
- Beneficiary and entitled property are owned by a person;
- In many cases, the inconvenience in obtaining permission as well as the inconvenience in the exploitation and use of real estate leads many people to choose the method of buying and selling adjacent real estate and becoming the sole owner of the real estate. that estate.
- The use and exploitation of real estate no longer gives rise to the need to enjoy rights;
- As agreed by the parties;
- Other cases as prescribed by law.
Rights and obligations of owners of adjacent real estate in Vietnam
Obligations of the owner in the drainage of rainwater
The use of adjoining property to affect others is prohibited. Accordingly, owners of adjoining real estate must install drainage works without being affected by rainwater falling on adjacent properties.
Obligations of the owner in the discharge of wastewater
Owners of houses and other construction works must build underground sewers; or drainage ditches to bring wastewater to a prescribed place; so that wastewater does not overflow onto the owner’s property adjacent to the real estate or to the street. public or public places.
Right to water supply and drainage
In case because of the natural location of the immovable property; the water supply and drainage forced to pass through another immovable property; the owner of the immovable property through which water flows must reserve an appropriate water supply and drainage outlet; which must not obstruct the flow of water impede or block the flow of water.
Users of water supply and drainage channels must minimize damage to property owners through which water flows when installing water pipes; If damage caused, compensation made. In case natural water flows from a high position to a low position; causing damage to the owner of the immovable property through which the water flows, the user of the water supply and drainage route not required to compensate for the damage.
Right to watering and draining water in farming
Persons who have the right to use arable land when there is a need for watering and drainage; have the right to request the surrounding land users to provide themselves with an appropriate and convenient water route for irrigation and drainage; the person requested obliged to respond to the request; if users of the water conduit cause damage to surrounding land users, they must compensate.
Right of passage
Owners of immovable property surrounded by the properties of other owners without or with insufficient access to public roads; shall have the right to request that the owner of the enclosed property reserve for himself a reasonable path on their land.
Walkway is opened on any adjoining property that is deemed most convenient and reasonable; taking into account the specifics of the site, the interests of the encumbered property; and the minimal damage caused. for real estate with open access.
The owner of the immovable property entitled to the right of passage must compensate the owner of the immovable property entitled to the right of passage; unless otherwise agreed.
Right to wire load
The owner of real estate has the right to reasonably connect electricity and communication lines through the real estate of other owners; but must ensure the safety and convenience of such owners; If damage is caused, compensation must be made.
Related questions
Right to adjoining immovable property established by natural topography, by law, by agreement or by will
In this situation when the owner transfers ownership of the adjoining property to the new owner; The new owner continues to perform the obligations left by the old owner. I will still enjoy the right of way through the adjoining property; continue to perform obligations to the new owner, if any.
In case there is a change in the use and exploitation of the entitled immovable property leading to the change in the exercise of the right to the entitled immovable property, the owner of the entitled immovable property must notify the owner in advance. the owner of the immovable property within a reasonable period of time. The owner of the entitled immovable property must make it easy for the owner of the entitled immovable property to comply with this change.
You can also refer to the article related to Authority and scope of work of bailiffs in Vietnam; or Bailiff real estate in Vietnam; Bailiff under Vietnamese law; Conditions to practice as a bailiff in Vietnam or Buy land and make a certificate of notarization in Vietnam.
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