Do I have the right to have my neighbor s eaves occupy the airspace in my land?

Neighbouring rights refer to the rights enjoyed by the owner or user of immovable property in dealing with neighbouring relationships. Specifically, between the owners or users of immovable property adjacent to each other, either party has the right to request convenience from the other party or to accept certain restrictions in order to reasonably exercise its ownership or use rights. Neighbouring rights are essentially restrictions and extensions of ownership.

When exercising their ownership or right of use, the owner or user of adjacent immovable property shall do so in a manner that does not harm the lawful rights and interests of other adjacent persons. If the exercise of rights causes harm to the person or property of the neighbor, the neighbor has the right to demand that the infringement be stopped, the danger eliminated and the loss compensated. In dealing with neighboring relations, the neighboring parties should understand and accommodate each other and resolve the issue through consultation in accordance with the principles of conducive to production, convenient livelihood, solidarity and mutual assistance, and fairness and reasonableness.

If the negotiation fails, the people's court may be requested to resolve it in accordance with law. There is a clause in the relevant knowledge of neighboring rights, if the eaves of the neighbors owned by the adjacent party cross the boundary and affect the ventilation, lighting, and the firmness and normal use of the building of the other party, the other party has the right to order the infringement to stop. If losses have been caused, compensation shall be made.

If it occupies your airspace, you have the right to request its demolition.

Land Management Concept:

1, the main body of land management: land administrative departments at all levels and their civil servants, including the land administrative authorities, administrative heads and land administrative departments of ordinary civil servants;

2. The object of land management: the relationship between people and people, people and land, and land and land generated in land and land use;

3. The tasks of land management: maintain public ownership of land, adjust land relations, rationally organize land use, and supervise land use;

4. Means and methods: administrative, economic, legal, technical;

5. Functions: planning, organizing, coordinating and controlling;

6. Land management has a distinct class character.

Land management is a comprehensive administrative, economic, legal and technical measure adopted by the state to adjust land relations, organize and supervise the development and utilization of land, and protect and rationally utilize land resources. It mainly includes the following aspects:

1. Establish and improve the system of land laws and regulations;

2. Survey and statistics of land resources, in accordance with the land classification standards and technical regulations formulated by the state, clear the quantity, quality, distribution and distribution of land and its distribution and utilization in various departments and users, timely and accurately reflect the changes in the quantity, quality and type of land, and regularly update land statistics;

3. Ownership management. Demarcate land boundaries, determine ownership, issue certificates, do a good job in the registration of land ownership changes, grasp the changes in land ownership, and deal with land disputes in conjunction with relevant departments;

4. Undertake the examination and approval of urban construction land, rationally allocate land resources, and ensure the rational use of land;

5. Land use management. The relevant departments of the contract shall formulate an overall land use plan, compile an annual control index of the land occupied by various urban constructions, supervise and supervise the use of various types of land, and investigate and deal with all kinds of illegal land occupation and waste of land.

Article 14 of the Land Management Law of the People's Republic of China Disputes over land ownership and use rights shall be resolved through negotiation between the parties; If the negotiation fails, it will be handled by the people. Disputes between units shall be handled by the people at or above the county level; Disputes between individuals and between individuals and units shall be handled by the people at the township level or at or above the county level. Where parties are dissatisfied with the disposition decision of the relevant people, they may file a lawsuit with the people's court within 30 days of receiving the notice of the disposition decision.

Before the dispute over land ownership and use rights is resolved, neither party shall change the status quo of land use.

Summary. Hello, I am the cooperating lawyer of the consultation, I have received your question, and the person who is currently consulting is more Doha

Do I have the right to have my neighbor's eaves occupy the airspace in my land?

Hello, I am the cooperating lawyer of the consultation, I have received your question, and the person who is currently consulting is more Doha, please wait a moment.

The adjacent parties to the immovable property shall, in accordance with the spirit of conducive to production, convenient for early 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 infringing on the sedan chair finches, remove the obstruction, and compensate for the losses.

Summary. Legal basis: Article 10 of the Land Management Law State-owned land and land owned by farmers' collectives may be determined for use by units or individuals in accordance with law.

Units and individuals using land have the obligation to protect, manage, and rationally use land. Article 13: Cultivated land, forest land, grassland, and other land used for agriculture in accordance with law owned by peasant collectives and owned by the State in accordance with law, shall be contracted by means of household contracting within rural collective economic organizations, and barren mountains, barren ditches, barren hills, barren beaches, etc., which are not suitable for household contracting, may be contracted by means of bidding, auction, public consultation, etc., to engage in planting, forestry, animal husbandry, and fishery production. The contract period is 30 years for cultivated land contracted by households, 30 to 50 years for grassland, and 30 to 70 years for forest land. After the expiration of the contract period for cultivated land, it shall be extended for another 30 years, and after the expiration of the contract period for grassland and forest land, it shall be extended accordingly in accordance with law.

The pro-high Qin is sleepy and happy to answer for you, the neighbor's eaves are built on the land of my suspect, and it can be sued. Legal Analysis:1

We can negotiate with our neighbors first. 2.If the negotiation is unsuccessful, we can report to the local public security organ and coordinate the handling.

3.If coordination is unsuccessful, the prosecution will be handled.

Legal basis: Article 10 of the Land Management Law State-owned land and land owned by farmers' collectives may be determined for units or buried for personal use in accordance with law. Units and individuals using land have the obligation to protect, manage, and rationally use land.

Article 13 It is noted that cultivated land, forest land, and grassland, as well as other land used for agriculture in accordance with the law, owned by peasant collectives and owned by the state and used by peasant collectives in accordance with the law, shall be contracted by means of household contracting within the rural collective economic organizations, and barren mountains, barren ditches, barren hills, barren beaches, and so on, which are not suitable for household contracting, may be contracted by means of bidding, auction, public consultation, and other methods to engage in planting, forestry, animal husbandry, and fishery production. The contract period is 30 years for cultivated land contracted by households, 30 to 50 years for grassland, and 30 to 70 years for forest land. After the expiration of the contract period for cultivated land, it shall be extended for another 30 years, and after the expiration of the contract period for grassland and forest land, it shall be extended accordingly in accordance with law.

1. If a neighbor's construction of a house obstructs the passage conditions of the neighborhood, it constitutes an obstruction, and the injured party has the right to raise an objection to the removal of the liquid and request the obstructing party to take necessary remedial measures. You can find the village committee or the local ** department of Minyin to coordinate and resolve, or you can file a lawsuit with the people's court to protect your legitimate rights and interests. Due to the particularity of the adjacent relationship, the relevant departments or courts will resolve the matter in accordance with the principle of mutual understanding and mutual concession and taking into account the interests of all parties.

2. Article 83 of the General Principles of the Civil Law of the People's Republic of China stipulates that "the adjacent parties to the immovable property shall, in accordance with the spirit of conducive to production, convenient life, solidarity and mutual assistance, fairness and reasonableness, correctly handle the adjacent relationship in terms of water interception, drainage, passage, ventilation and lighting." Where obstructions or losses are caused to adjacent parties, the infringement shall be stopped, the obstruction removed, and the losses compensated. ”