Enquiring knowledgeable people Inquisitive education Hospital Treasury

Does the illegal building have adjacent right

home page

Does the illegal building have adjacent right


        

Submit answer
Favorable reply
  • 2024-06-06 20:01:41

    The Civil Code stipulates that two neighboring real estate obligees enjoy the right of neighbor, so although it is illegal construction, the right holder of illegal construction can enjoy the right of neighbor.

    The solutions for infringement of neighboring rights are as follows:

    1. The parties voluntarily negotiate to settle the dispute peacefully;

    2. If no settlement can be reached through consultation, the parties concerned may jointly request the community people's mediation organization to mediate the dispute;

    3. In the event that the parties are unable to negotiate or the negotiation fails, and the mediation fails, the parties may appeal to the court for settlement in accordance with legal procedures.

    The court proceedings are as follows:

    1. Apply to the competent court.

    2. After the filing hall reviews that the case meets the conditions for filing, and the case is approved for filing, the filing court will issue a notice of filing, and pay the litigation fees on the basis of the notice of filing. The court formally accepted the case.

    3. After accepting the case, the case filing court of the court shall transfer the case to the civil court for trial.

    4. After the civil court accepts the case, it shall issue a summons to both parties to notify the court time.

    5. After both parties appear in court, the court will mediate.

    6. The court made a judgment through hearing.

    [Legal Basis]

    In Article 188 of the Civil Code, the limitation period of action for requesting the people's court to protect civil rights is three years. If the law provides otherwise, such provisions shall prevail.

    The limitation period of action shall be counted from the date when the obligee knows or should know that his rights have been damaged and the obligor. If the law provides otherwise, such provisions shall prevail. However, if it has been more than 20 years since the date of damage to rights, the people's court shall not protect them. Under special circumstances, the people's court may decide to extend them on the application of the obligee.

    Article 288 of the Civil Code states that the neighboring obligees of immovables shall correctly handle the neighboring relationship in accordance with the principles of facilitating production, facilitating life, solidarity and mutual assistance, fairness and reasonableness.

    I***

    2024-06-06 20:01:41

  • other Relevant knowledge

  • law

Related recommendations

Loading
Latest Q&A Recommendation Hot topics Hot spot recommendation
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
return
Top
help opinion
feedback

Confirm to report this problem

Reason for reporting (required):