Rural right of way disputes, rural land right of way disputes

1. The right of way issue you mentioned should be the category of adjacent rights stipulated in the General Principles of the Civil Law and the Property Law, not the issue of homesteads for common use.

2. For neighboring rights, neighbors have the obligation to take care of each other and travel together, if it is their family forcibly blocking your family's travel road, you can call the police or file a neighboring right lawsuit to solve it.

3. If the passage has been repaired for your home, it is not considered an infringement, although the meter is not as wide as before, and it is not as convenient as before, if most of the roads in your village are now of this standard, you will not have too good a good effect if you sue.

4. Suggestion: Unite with other families on this road to jointly sue and ask other families to expand the access.

Hello, I hope my answer satisfies you.

1. As an issue of rural land use rights, when determining the scope of application of rural homesteads, the length of four to length marked on the land certificate shall prevail.

2. The historical road you mentioned should belong to the homestead for common use, and if one party has built a house without the consent of the other sharers, if the other sharers know it and do not raise objections when the house is built, and it does not affect the rights and interests of others and the public interest, it is allowed to continue to use.

So you can go to the local homestead authority to file a complaint, and if you don't act, you can go to the higher authority to complain.

The approval procedures for rural homesteads are very simple, as long as the relevant leaders approve, there is no reason to change, especially if the land itself does not belong to your family before, just a road, it is recommended that you directly find a neighbor to coordinate, you can ask to check whether his personal land use certificate is legal, if it does not match the actual situation, you can sue him.

Eight years ago, my neighbor built a house on the historical road where my family traveled, and because we were working in other places at the time, I was not at home when he approved the homestead, and the neighbor occupied an old road of about 3 meters. The diversion made way for a left and right road, and now my family is inconvenient to travel. The village committee did not mediate well, and they said that they would not mediate after a long time.

You can directly go to the court to sue for settlement on the grounds of neighboring rights, and request the restoration of the passage and the removal of obstacles.

It is possible to file a lawsuit based on neighboring rights, but I am afraid that the lost time expenses you mentioned will not be supported, especially for moral damages.

The main thing is whether the neighbor has obtained legal approval procedures when building a house. If there is, there is no way to solve it. If there is no legal approval procedure, it is an illegal building, and it is much easier to do, without prosecution, just staring directly at the land or construction department and asking them to investigate and deal with it according to law.

As for compensation for losses, who is required to assert who bears the evidence, you have to prove what losses you have, and the evidence is in?

Your idea is wrong, the homestead has a plan, ** consider this when approving it, discuss and solve it, they just want money, and give it to others if they don't do much. Of course, this will not work, you can not recognize any of his contracts, and your family insists on looking at the contract accounts in the village.

I'm dizzy, is he a landlord?

Article 83 of the General Principles of the Civil Law stipulates that: "The adjacent parties to the immovable property shall, in accordance with the spirit of conducive to production, convenience of life, solidarity and mutual assistance, fairness and reasonableness, correctly handle the adjacent relationship in terms of water interception, drainage, passage, ventilation, lighting, etc., and if it causes obstruction or loss to the neighboring party, it shall stop the infringement, remove the obstruction, and compensate for the loss." ”

Article 87 of the Property Law: Where the owner of immovable property rights has to use its land for the purposes of passage or other purposes, the owner of immovable property rights shall provide necessary facilitation.

If you go out you can only go through this road.

He has no right to restrict you.

Do you want to go over the wall?

You can consult with him.

If the negotiation fails, the judicial office can mediate.

If mediation fails, a lawsuit can be filed.

Rural areas, you can't go in the normal way. It's good to find someone from the family to beat him up.

If the family is not as powerful as him, you will have to find other ways to find a way.

Since he is so arrogant, there is basically no room for negotiation. The law is useless in this case. Even if it is solved, it will be troublesome for your family.

These depend on the situation of your homestead and may constitute a neighbouring right.

Disputes over the right of way of rural roads are non-property cases stipulated in the Measures for Payment of Litigation Costs, and the prosecution fee is 50 to 100 yuan per case.

Hope it helps:

It is a neighboring rights dispute, which can be litigated, and the court will make a favorable judgment in your favor.

You can also report to the relevant departments, if your place of residence is an urban street, you should report to the local urban management planning department; If the small street belongs to the national highway, provincial highway and county road maintained by the highway department, etc., it should be reported to the local highway management department.

Report to the local land office, the illegal building must be demolished.

The prosecution seeks restitution.

First change the name of the homestead household;

You can then go to your local court and sue for right-of-way.

1. Find an intermediary to communicate first, and between neighbors, harmony is still precious. 2. If it cannot be resolved, it is recommended to coordinate and resolve it through the village committee 3. If it is still impossible to reconcile, you can file a lawsuit with the court.

The main ways to resolve disputes over neighborhood right-of-way are:

1. It shall be handled by both parties through negotiation.

2. Mediation through the local village committee.

3. Filing a lawsuit with the court to remove the obstruction and protect the right of way.

In the event of a neighborhood dispute, it is recommended that the dispute should be handled through negotiation as much as possible to avoid the intensification of the conflict, so as not to have an impact on future life.

It's better to negotiate this kind of thing! Even if you suffer a small loss and make some concessions! It's a neighborhood after all! It's stiff and the gains outweigh the losses!

If the road is the only way out of your home, the neighbor has no right to claim that it should not be allowed to pass.

If the passage of your newly built house affects the neighbor's house, you should be compensated to a certain extent.

Negotiate first, and if the negotiation fails, it will be resolved in court litigation.

101. The owner or user shall not block the passage that is historically formed within the scope of the building owned or used by one party. Where blockages affect the production or livelihood of others, and others request that the obstruction be removed or restored to its original state, it shall be supported. However, if there are conditions to open another channel, another channel may also be opened.