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These problems often occur in neighborhood relations, first find the reason, if you have done something before and hindered the neighbor next door,If he doesn't complain about you, first find a senior and respected person to negotiate, and in the case of ineffectiveness, sue him, and use legal sanctions to negotiate, although the tree is not on the surface of your house, but the influence of the tree will directly affect your family. However, it is better to negotiate.
In case of disagreement between the left and right neighbors, as the saying goes, thousands of years of next-door neighbors, dry years of street houses, go out and can't see up, remember. The first thing you need to see is whether you are endangering others. Whether it is the public land between the neighbors next door after the house is occupied when the house is built, whether the eaves of the house are placed on the field of others, whether the other people's own homes are also planted with flowers and trees in front of the house and behind the house are not intentionally for this, the neighbors should be considered from all levels.
Good neighbors are all respects by you, and I respect you. Distant relatives are not as good as close neighbors, do a good job of neighborly harmony, and do things first to discuss.
Try not to let women participate, and the boys of the two families talk openly alone, and most of them can be forgiven and dealt with. The house is surrounded by trees, and when the trees get bigger, there is no doubt that they will block the light, which is not good for themselves, but the land is someone else's, so it is not easy to solve it immediately. It is recommended that you go to him first to discuss and talk about your thoughts, for fear of harm in the future.
It is best to deal with it with simple consultation, and if it is not good, you can find the leading cadres above to deal with it. If you gather relevant people to eat a ton of meals together before building a house, there is a place in front of the house, and there is a language garden around it.
People are all "harmonious and wealthy", and after you write "a note on the boundaries around the house", no one will plant trees within your "note for building a house". If you have the money and power to occupy the farmland before building the house, there is no basis for all the arguments, and you are more kind to the people, and you can also hand over the surrounding area when the land rights are confirmed. If you don't make it clear that the front and back of the house are all someone else's, you have to ask someone to "negotiate" it.
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It can be resolved through the legal department, or you can go to the judicial bureau for mediation, so that you can get a good solution.
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In the countryside, if this situation arises and the property rights of the house are not yours, and the surrounding land is someone else's, you have no right to stop it.
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If it is located within the scope of the homestead and has affected the life of the owner, you can communicate with your neighbors to cut down the tree, if the communication is ineffective, you can request the village committee or neighborhood committee to intervene and coordinate, and you can also file a lawsuit with the court to remove the nuisance.
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Legal analysis: If it is located within the scope of the homestead and has affected the life of the owner, you can communicate with your neighbors to cut down the tree, if the communication is ineffective, you can request the village committee or neighborhood committee to intervene and coordinate, and you can also file a lawsuit with the court to remove the nuisance.
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 236:Where a real right is obstructed or might be obstructed, the right holder may request that the obstruction be removed or the danger eliminated.
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First of all, you should negotiate with the other family, if they are willing to remove the tree, this is the best, but as for the labor cost of removing the tree, your family has to pay a little. If the negotiation fails, you can only look at the legal provisions.
The Property Law of the People's Republic of China has a provision on "adjacency relationship", Article 85 stipulates that the adjacent rights holders of immovable property (cultivated land is immovable property) (i.e., the two of you) shall correctly handle the adjacent relationship in accordance with the principles of conducive to production, convenient life, solidarity and mutual assistance, fairness and reasonableness, but this is within the scope of "necessity" that is conducive to production and convenient life.
In addition, based on the adjacency, the main aspects are water use, drainage, laying pipelines, digging land, etc., your family asks his family not to plant trees on his own land, and this request is not within the scope of this "necessary", and his family has the right to plant trees on his own land. Obviously, based on this proximity, you can't ask his family not to plant trees on his own land. It doesn't work.
Article 69 of the Property Law of the People's Republic of China provides that immovable and movable property owned by social organizations in accordance with law shall be protected by law. Article 70 The owners enjoy ownership of the exclusive parts of the building, such as residential and commercial buildings, and enjoy the right of joint ownership and joint management of the common parts other than the exclusive parts.
Article 70 The owners enjoy ownership of the exclusive parts of the building, such as residential and commercial buildings, and enjoy the right of joint ownership and joint management of the common parts other than the exclusive parts.
Article 71 The owner shall have the right to occupy, use, benefit from and dispose of the exclusive part of his building. The exercise of the rights of the owner shall not endanger the safety of the building and shall not harm the legitimate rights and interests of other owners.
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This is a tort and violates the right to use the land, because you have the right to decide how to use the land you have contracted, and it is a violation of your legal right to plant trees or otherwise use the land without your permission, and you are liable for restitution, and if you have caused losses (such as delaying you from planting your own crops), you should also be compensated for the losses.
Legal basis: Article 37 of the Land Management Law of the People's Republic of China stipulates that land must be used sparingly for non-agricultural construction, and if wasteland can be used, cultivated land shall not be occupied; Where inferior land can be used, good land must not be occupied.
It is forbidden to occupy cultivated land to build kilns or graves, or to build houses, dig sand, quarry, mine, and take soil on cultivated land without authorization.
It is forbidden to occupy permanent basic farmland for the development of forestry and fruit industry and to dig ponds for fish farming.
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Summary. Hello dear! If a tree is planted on the other party's homestead and endangers the safety of one's house or wall, it is a violation of neighboring rights.
Hello dear! If a tree is planted on the other party's homestead and endangers the safety of one's house or wall, it is a violation of neighboring rights.
Hello Sanyuan! In this regard, the right of the infringed party is to request you to stop the infringement, eliminate the danger, and claim compensation if the branch extends over and causes damage to the other party.
Dear, the following is the legal basis I have compiled for you: 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. Article 289:Where laws or laws have rules and regulations on the handling of neighboring relationships, follow those rules and regulations; Where laws and regulations have no provisions, local customs may be followed.
Hello does not affect the safety of the house, but it affects the lighting, etc.
Hello dear! You can negotiate with your neighbor and ask him to remove the tree.
Hello dear! You can request that the infringement be stopped, that the danger be removed, and that you can claim compensation if the tree causes you damages.
Now the negotiations are inconclusive.
Hello dear! If the negotiation fails, you can call the police, if it is useless, you can file a lawsuit with the court to ask him for compensation or ask him to remove the tree.
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Legal analysis: You can ask the other party to stop the infringement, and if the branches that reach over cause damage to your home, you can also claim compensation. You can negotiate with your neighbors first, and if the negotiation fails, you can sue the court to settle the matter.
Legal basis: Civil Code of the People's Republic of China
Article 288:Owners of adjacent rights to immovable property shall correctly handle the defense of 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 do not provide for it, it may be cooked in accordance with local customs.
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