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The problem you mentioned is called adjacency in civil law Let's give an example: Q:
I just bought a commercial house, there is a terrace outside the kitchen and the neighbor's terrace half of the wall is separated, the neighbor installed solar energy on the two terraces without the consent of the property management and me, and half of the solar energy is directly installed on the canopy of my terrace, which seriously affects my lighting and living safety. Thank you! A:
According to Article 84 of the Property Law, the adjacent rights holder of immovable property shall correctly handle the adjacent relationship in accordance with the principles of conducive to production, convenience of life, solidarity and mutual assistance, fairness and reasonableness. Article 85: Where laws and regulations have provisions on the handling of neighboring relationships, follow those provisions; Where laws and regulations have no provisions, local customs may be followed. Article 88: Where the owner of immovable property rights must use adjacent land or buildings for the purpose of constructing or repairing buildings, or laying electric wires, cables, water pipes, heating and gas pipelines, etc., the rights holder of the land or buildings shall provide necessary convenience.
Article 92: Where the owner of immovable property rights uses adjacent immovable property for the purposes of water use, drainage, passage, laying pipelines, etc., it shall try its best to avoid causing harm to the adjacent immovable property rights holders; Where damage is caused, compensation shall be given. If your neighbor has to install solar energy on your awning, you can sue for damages, or if you don't have to, you can ask for the obstruction removed.
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Adjacency relationships can be applied. In accordance with Article 89 of the Property Law, the construction of buildings shall not violate the relevant national engineering construction standards and obstruct the ventilation, lighting and sunshine of adjacent buildings. If the other party's house has not yet been built.
You can ask for the nuisance removed. If the other party's house has already been built. You can only claim compensation for the corresponding damages.
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Legal analysis: There are still many problems involved in building houses in rural areas, such as the height of building houses. Because all the land in the countryside belongs to the village, you have to get the consent of your neighbors to build a house.
However, it is still necessary to consider the houses of the neighbors when building a house, so as not to affect each other's lives and avoid causing disharmony among the neighbors. Neighborhood architecture should be based on the principle of being conducive to production and convenient for life. The normal use of the later builder shall not be affected.
Legal basis: Civil Code of the People's Republic of China
Article 293: The construction of buildings shall not violate the relevant national construction standards, and shall not obstruct the ventilation, lighting and sunlight of adjacent buildings.
Article 296:Where the owner of immovable property rights uses adjacent immovable property for the purposes of water, drainage, passage, laying pipelines, etc., it shall try to avoid causing harm to the adjacent immovable property rights holders.
Article 295: Owners of immovable property rights shall not endanger the safety of adjacent immovable property by excavating land, constructing buildings, laying pipelines, installing equipment, etc.
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Legal Analysis Destroys Companion Bend:
When rural villagers build houses, they should conform to the overall land use plan of the township (town), and try to use the original land with a chaotic homestead foundation and the vacant land in the village. The residential land of rural villagers shall be reviewed by the people of the township (town) and approved by the people at the county level;
Legal basis: Land Management Law of the People's Republic of China Article 62 A rural villager household may only own one homestead land, and the area of the homestead shall not exceed the standards prescribed by the provinces, autonomous regions and municipalities directly under the Central Government.
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Article 209 of the Civil Code, which came into effect in 2021, provides that the creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law. The ownership of natural resources that belong to the State in accordance with the law may not be registered. Article 214 Where the creation, alteration, transfer or extinction of real estate rights shall be registered in accordance with the provisions of law, they shall take effect when they are recorded in the real estate register.
Article 215:Unless otherwise provided by law or otherwise agreed by the parties, a contract concluded between the parties concerning the creation, modification, transfer and extinction of real estate rights shall take effect upon the conclusion of the contract; If the registration of the right to the right of appeal is not completed, the validity of the contract shall not be affected.
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1. Since the north and west sides of the plot are roads, it is recommended that you face north, but also open a west-facing storefront, the larger the storefront, the easier the business will be, and the higher the commercial value of the store;
2. Due to the convenience of access, the garage door should be located on the north side, occupying a 3-meter façade, in addition to putting the car, you can also leave a passage on the second floor;
3. Separate the storefront on the first floor from the second floor, so that the store can be rented out to others; The second floor is for yourself, and there is an independent staircase from the garage to the second floor, and if the first floor is rented to others, it will not interfere with the second floor;
4. Set up a toilet on the first floor, and also design a simple kitchen, which can be easily rented.
6. If you need detailed architectural design and construction drawings, you must take your ideas and find a formal design unit to draw them. It is necessary to obtain formal design drawings in order to ensure that the building application procedures are legal and to ensure the safety of the house construction.
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