What does the civil law say about building a wall between neighbors?

There is a term in civil law called "adjacency" that is used specifically to regulate this type of dispute. To put it simply, when exercising rights related to one's own real estate, one must not infringe on the rights of others who are adjacent to one's real estate. When it comes to building walls, it should be that the walls built should not affect the normal access, lighting, irrigation and other daily life rights of the surrounding people, otherwise, the other party has the right to request demolition.

Legal analysis

If the lawful rights and interests of the neighbor are not infringed, the party has no right to rip off the wall built by the neighbor. However, if the neighbor's illegal wall infringes on the legitimate rights and interests of the parties, and the negotiation is invalid, the parties can remove the wall to protect their legitimate rights and interests. For specific circumstances, the parties are requested to verify and determine on their own in accordance with the actual situation and relevant legal provisions.

There are clear provisions in the land law and the management measures for the use of rural homesteads, and the civil law also has provisions on adjacency, and the homestead has a definite four to, and the fence of one's own house can only be within the limit of four to, and can not affect the normal and habitual passage of neighbors, and the drainage of rainwater is not affected, and there are no mandatory provisions for others. 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.

According to the provisions of China's law, all adjacent parties have the right to use natural flowing water, and shall not block or discharge without authorization, and if the adjacent party must drain through the land of the other party, the other party shall allow it, but the user shall take measures to reduce the loss and compensate the other party for the loss. When building a house and digging a ditch, it shall keep a certain distance from the neighbor's house and other immovable property, shall not affect the foundation of the neighbor's house, shall not pour eaves water or flowing water into the neighbor's land or house, and shall not affect the ventilation and lighting of others, or shall not affect the ventilation, lighting or living of the bamboo and wood roots and branches owned by the adjacent party that cross the boundary and affect the ventilation, lighting, and firm and normal use of the building of the other party, the other party has the right to order it to cut off the roots and branches or cut down the bamboo and wood, and if the loss has been caused, it shall be compensated.

Legal basis

Civil Code of the People's Republic of China

Article 288:Owners of adjacent rights to immovable property shall correctly handle adjacent relationships in accordance with the principles of conducive to production, convenience of life, solidarity and mutual assistance, and fairness and reasonableness.

Article 289:Where laws and regulations have provisions on the handling of adjacent relationships, follow those provisions; Where laws and regulations have no provisions, local customs may be followed.

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.

Does your family's access to the land for which you have been granted the right to use it legally mean that your family has left the land that you have obtained the right to use in accordance with the law for your neighbors to use for passage?

1. If your family has obtained the right to use the land occupied by the road in accordance with the law, then you can completely refuse to agree to the request of your neighbors. If the neighbor feels that there is no road, you can ask the village or local people** to report that if the village decides to take back your family's land use rights, then your family can ask the village to give compensation.

2. If your family has not obtained the right to use the land occupied by the road in accordance with the law, because the rural land belongs to the peasant collective, your family or the consulate cannot occupy it.

What does the civil law say about building a wall between neighbors?In general, you can leave a meter of water, there was no alley and now you consciously leave a way out, the neighbors still can't figure it out and continue to complain, this situation is best handled according to the cadres and the village construction office, so as not to affect the feelings of the neighbors because of some homesteads.

It's easy to do. Reflect the situation to the village committee, the ownership of the road land is yours, as long as the neighbor is willing to exchange the land, no matter how wide the road is, he will follow him. The village cadres will come forward to solve the problem.

It depends on who you belonged to in the past.

Legal analysis: The neighbor provisions on adjacent walls are mainly the provisions on adjacent rights in China's property rights section. The construction of a fence is a construction of a building, and according to the regulations, the adjacent right holder shall not prejudice the rights of another adjacent right holder when constructing the building.

The main problem of building the fence here is that when building the fence, it cannot destroy the water pipes, electrical wires, heating pipelines, etc. of the other party, and cannot block the light, ventilation and lighting of the other party's house.

Legal basis: According to Article 288 of the Civil Code of the People's Republic of China, the adjacent rights holder of immovable property shall correctly handle the adjacent relationship in accordance with the principles of conducive to production, convenient life, solidarity and mutual assistance, fairness and reasonableness.

The provisions on the neighbors of adjacent walls are as follows: 1. The provisions on neighbors of adjacent walls are mainly the provisions on adjacent rights in China's property rights. The construction of a fence is a construction of a building, and according to the regulations, the adjacent right holder shall not prejudice the rights of another adjacent right holder when constructing the building. 2. The problem of building the fence here is mainly that when the wall is built, it can destroy the water pipes, wires, and heating pipelines on the other side of Nianyinhu, and cannot block the light, ventilation and lighting of the other party's house.

According to Article 288 of the Civil Code of the People's Republic of China, the adjacent rights holders of immovable property shall correctly handle the adjacent relationship in accordance with the principles of conducive to production, convenient life, solidarity and mutual assistance, fairness and reasonableness.

Legal analysis: The provisions on neighbors adjacent to the walls are as follows: 1. The provisions on the neighbors of the adjacent walls are mainly the provisions on the adjacent rights in the title of property rights in China.

The construction of a fence is a construction of a building, and according to the regulations, the adjacent right holder shall not prejudice the rights of another adjacent right holder when constructing the building. 2. The problem of building the fence here is mainly that when building the fence, the water pipes, wires, heating pipelines, etc. of the other party cannot be damaged, and the light, ventilation and lighting of the other party's house cannot be blocked.

Legal basis: According to Article 288 of the Civil Code of the People's Republic of China, the adjacent rights holder of immovable property shall correctly handle the adjacency relationship in accordance with the principles of conducive to production, convenient life, solidarity and mutual assistance, and fair and reasonable judgment of slag and relatives. Digging tombs.

Summary. According to the provisions of the Civil Code of the People's Republic of China, neighbors should get along with each other, respect, help and support each other, and abide by public order and good customs. With regard to the issue of fences between neighbours, the Civil Code provides as follows:

1.Construction and maintenance of adjacent walls: If two neighbors share a wall or are next to a wall, that wall is an adjacent wall.

The construction, maintenance, use and income of the adjacent wall shall be agreed upon by the neighbors and the costs shall be shared according to the agreement. 2.The height of the adjacent wall:

The height of the adjacent wall should generally not exceed two metres, but in urban residential areas and special economic zones, the height of the adjacent wall can be increased as necessary, subject to the relevant planning regulations. 3.Repair of damage to adjacent walls:

Neighbors should jointly take care of the adjacent wall to avoid damage caused by natural disasters and other reasons. If the adjacent wall needs to be repaired, the neighbors should share the cost of repairs.

How high can a fence be built?

According to the provisions of the Civil Code of the People's Republic of China, neighbors should get along with each other, respect, help, and support each other, and abide by public order and good customs. With regard to the issue of fences between neighbors, the Civil Code provides as follows:1

Construction and maintenance of adjacent walls: If two houses between neighbors share a wall or are next to a wall, that wall is an adjacent wall. The construction, maintenance, use and income of the adjacent wall shall be agreed upon by the neighbors and the costs shall be shared according to the agreement.

2.The height of the adjacent wall: The height of the adjacent wall should generally not exceed two meters, but in urban residential areas and special economic zones, the height of the adjacent wall can be increased as needed, subject to the relevant planning regulations.

3.Repair of damage to adjacent walls: Neighbors should jointly keep adjacent walls to avoid damage caused by natural disasters and other reasons.

If the adjacent wall needs to be repaired, the neighbors should share the cost of repairs.

In real life, there are many problems about the fence between neighbors, such as the exercise of the right to the neighbor wall, the entanglement between neighbors, and so on. It is suggested that in practice, the problem should be resolved through negotiation between neighbors and residents, and if negotiation is not possible, the dispute can be resolved through legal means. In addition, the Coordination Bureau also needs to comply with relevant town planning and building regulations when constructing adjacent walls to ensure the quality and safety of the building.

1. It is recommended to negotiate with neighbors. A common wall is one that is jointly owned by two adjacent parties or owned by one party and shared by both parties. The main contents of the right to adjacency of the common wall are:

1) The use of the common wall by the adjacent parties shall not hinder or damage the legitimate rights and interests of the adjacent parties, and one party shall not use the common wall in an act that may endanger the personal and property safety of the adjacent parties;

2) If the adjacent party needs to relocate, it is generally not allowed to dismantle or remove the common wall; If the party that is required to demolish it has ownership of the common wall, the common wall should generally be retained and reasonably compensated by the adjacent party at a discount.

2. Common wall refers to the same wall that is jointly owned by two adjacent parties or owned by one party and shared by both parties. According to the law, the construction of a building by an owner of immovable property rights must not endanger the safety of adjacent immovable property. The owner shall have the right of co-ownership and joint management of the common part other than the exclusive part, and the exercise of the rights by the owner shall not endanger the safety of the building and shall not harm the legitimate rights and interests of other owners.

1. Is there any liability for the property in the common wall dispute?

1. Under normal circumstances, there is no liability for the property in the dispute over the common wall. In neighborhood disputes, if the dispute is caused by personal problems such as decoration between the parties, this is a matter other than the property management service contract, and is not the statutory or agreed responsibility of the management office, and the property management company can only assist in resolving it by intermediary and does not bear the liability for adjacent damages.

2. There is a service contract relationship between the property and the owner, and the status is equal.

2. Mediation procedures for rural homestead disputes:

1. Submit a written application to the people's land management department at or above the county level or the people at the township level;

2. Both parties present the materials and basis for presenting evidence;

3. Staff on-site investigation materials and evidence collection;

4. Organize both parties to mediate and prepare a written mediation letter;

5. If the mediation fails to reach an agreement, or if the mediation letter is delivered to one or both parties repents, the land management department shall put forward the handling opinions in a timely manner and report to the people for the wrong decision.

Legal basis

Civil Procedure Law of the People's Republic of China

Article 122:The following requirements must be met for prosecution:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Summary. The owner or user shall not block the passage that has been 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. Your family has the right to ask your neighbor to reopen the fence and restore the road to its original state, and if he refuses, you can sue him.

Hello, I am a platform cooperation lawyer, and I am happy to serve you!

Hello, can you tell us about your specific demands, and I will answer you further.

It depends on the location of the building. It does not affect your normal life, otherwise you can sue for infringement of neighboring rights. This is an infringement and a civil dispute, and a judgment will be made, such as a judgment to restore the original state, and to make compensation for damages, damages, damages, and so on.

If the wall encroaches on one's own land, or affects lighting, traffic, etc., you can claim restoration and removal of nuisance in accordance with the tort in the civil law.

The owner or user shall not block the passage that has been 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.

One of your family members has the right to ask the neighbor to investigate the fence, empty the road and restore it to its original state, and if he refuses, he can sue him.

If you are satisfied, you can like it, or click on my avatar to follow me, so that you can send me a consultation at any time if you have any questions in the dust hall. Thank you for your consultation and have a great day!