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violates your neighboring rights. 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.
The adjacent parties have the right to pass through the historically formed passages within the land or buildings, and the owners and users of the land or buildings shall not block or block them; If the adjacent party must temporarily occupy the land of the other party due to construction and paving and erection, the other party shall facilitate it, but the construction party shall use it reasonably, restore the original state after completion, and compensate for the losses caused.
For natural flowing water, all adjacent parties have the right to use it, and shall not block or discharge it without authorization; If the adjacent party must drain water 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 trench, it shall keep a certain distance from the neighbor's house and other immovable property, and shall not affect the neighbor's house foundation, shall not pour eaves water or flowing water into the neighbor's land or house, and shall not affect the ventilation, lighting or life of others; If the roots and branches of bamboo and wood owned by the adjacent party cross the boundary and affect the ventilation, lighting, and the firmness and normal use of the building of others, 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 losses have been caused, compensation shall be made.
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The construction of a building must not violate the relevant construction standards and affect the lighting of adjacent buildings.
Property Law. Article 89: The construction of buildings shall not violate the relevant national engineering construction standards and obstruct the ventilation, lighting and sunshine of adjacent buildings.
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First, consultation; Clause.
II. Prosecution.
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Legal analysis: According to the regulations, if a building designed according to the overall urban plan affects the lighting of the adjacent party, it shall be allowed to be built, but the building party shall solve the problem of heating, lighting, housing exchange or economic compensation for the other party. If economic compensation is given, the compensation standard is calculated based on the living area of the affected building, and a one-time compensation of 100-200 yuan per square meter is given.
Legal basis: Article 293 of the Civil Code of the People's Republic of China The construction of buildings shall not violate the relevant national engineering construction standards, and shall not obstruct the ventilation, lighting and sunshine of adjacent buildings.
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Summary. If the building is affected by the adjacent building, the owner of the building may request the other party to eliminate the impact, and if the loss caused to the party concerned, it may request compensation.
If the building is affected by the adjacent building, the owner of the building may request the other party to eliminate the impact, and if the loss caused to the party concerned, it may request compensation.
Under what policy is compensation filed?
Article 83 of the Civil Law of the People's Republic of China stipulates that: "The adjacent parties to the immovable property shall correctly handle the adjacent relationships in terms of water interception, drainage, passage, ventilation and lighting in accordance with the spirit of conducive to production, convenient life, solidarity and mutual assistance, fairness and reasonableness." Where obstructions or losses are caused to adjacent parties, the infringement shall be stopped, the obstruction removed, and losses compensated."
Our family lives in Cong Yuanzhao is Erdao District, Yatai Community, I live in a high house facing the street, the east of the house is the high-rise of Yatai Gai, just blocking our building, even an hour of sunshine every day does not seep rent....
How should we file a lawsuit?
How should Yatai be asked for compensation?
Dear, you can go to the people's court where the real estate is located to file a lawsuit.
Based on the center point of the window sill of the living room (all of which are counted on the outer wall), if the sunshine time is less than 1 hour on the winter solstice, each household will be given a one-time compensation of 800 yuan to 2,000 yuan according to the occlusion of its room. No compensation will be paid for illegal construction and residential housing that is twice the height of the new building. ”
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Summary. The right to daylight belongs to the category of adjacent rights stipulated in the law and is protected by law. If the other party causes your home to be lit for less than an hour and a half after building the house, your right to light has been violated.
If the coordination with the other party fails, you can file a lawsuit in court on the grounds that the right to daylight has been violated.
Hello, is it illegal for my neighbor to build a house to shade my house from the sun? How to deal with it?
Hello, I am a cooperative lawyer of the legal platform, I am happy to serve you, I have received your questions, I will answer and reply to you after analysis.
The right to daylight belongs to the category of adjacent rights stipulated in the law and is protected by law. If the other party causes your home to be lit for less than an hour and a half after building the house, your right to light has been violated. If the coordination with the other party fails, you can file a lawsuit in court on the grounds that the right to daylight has been violated.
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According to the regulations, if the building designed according to the overall urban plan affects the lighting of the neighboring party, it shall be allowed to be built, but the building party shall solve the problem of heating, lighting, housing exchange or economic compensation for the other party. If economic compensation is given, the compensation standard is calculated based on the living area of the affected building, and a one-time compensation of 100-200 yuan per square meter, and if the blocked building is included in the scope of demolition, compensation shall be made as appropriate, and if it is included in the scope of demolition after compensation, the compensation fee will not be returned.
Legal basis: Article 293 of the Civil Code of the People's Republic of China The construction of buildings shall not violate the relevant national engineering construction standards, and shall not obstruct the ventilation, lighting and sunshine of adjacent buildings.
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According to the regulations, if a building designed according to the overall urban plan affects the lighting of the adjacent party, it shall be allowed to be built, but the building party shall solve the problem of heating, lighting, housing exchange or economic compensation for the other party. If economic compensation is given, the compensation standard is calculated based on the residential area of the affected building, and a one-time compensation of 100-200 yuan per square meter, and if the blocked building is included in the scope of demolition, compensation shall be made as appropriate, and if it is included in the scope of demolition after compensation, the compensation fee will not be returned.
1. The network cable is not allowed to go from the wall of the neighbor's house.
Do not block or block the road, and do not interfere with the normal travel of neighbors. The rights that are more commonly exercised in the adjacent relationship include: the passage through which the land or building is formed in history, the adjacent parties enjoy the right of passage, and the owner or user of the land or the building shall not obstruct or block it; If the adjacent party must temporarily occupy the land of the other party due to construction and paving of the old middle line, the other party shall facilitate it, but the construction party shall use it reasonably, restore the original state after completion, and compensate for the losses caused.
If not, you can find mediation from the village committee or sue in court.
2. Will houses within the red line be expropriated?
Houses within the red line will not necessarily be expropriated. The following real estate shall not be mortgaged: 1. Real estate with disputed ownership; 2. Real estate used for education, medical care, municipal and other public welfare undertakings; 3. Buildings listed in the protection of cultural relics and other buildings with important commemorative significance; 4. Real estate that has been included in the scope of demolition and relocation in accordance with the law; 5. Real estate that has been sealed, seized, supervised or otherwise restricted in accordance with the law; 6. Other real estate that shall not be mortgaged according to law.
3. Can I ask my neighbor to demolish the house that blocked my house's lighting?
If the house built by my neighbor blocks the lighting of my house, I can negotiate a settlement or file a lawsuit with the court to remove the nuisance. The construction of buildings shall not violate the relevant national engineering construction standards, and shall not obstruct the ventilation of adjacent buildings.
Daylighting and daylight. If the adjacent rights of others are infringed, the victim may file a lawsuit with the court, requesting the infringing party to remove the obstruction of his neighboring rights and remove the part that blocks the lighting.
Article 293 of the Civil Code of the People's Republic of China provides that the construction of buildings shall not violate the relevant national engineering construction standards, and shall not obstruct the ventilation, lighting and sunshine of adjacent buildings.
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Legal analysis: According to the regulations, if a building designed according to the overall urban plan affects the lighting of the adjacent party, the construction shall be allowed in the draft, but the construction party shall solve the problem of heating, lighting, housing exchange or economic compensation for the other party. If economic compensation is given, the compensation standard is calculated based on the living area of the affected building, and a one-time compensation of 100-200 yuan per square meter is given.
Legal basis: Article 293 of the Civil Code of the People's Republic of China shall not violate the relevant national engineering construction standards, and shall not obstruct the ventilation, lighting and sunshine of adjacent buildings.
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