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한국어One of the most important of the other rights to property is the right to adjoining immovable property (also known as the right of translation). It is the right to be exercised on an immovable property, called the entitled immovable property. This is one of the important and meaningful rights of the owner. Thanks to these provisions of the law, real estate surrounded and surrounded by other properties of other owners all have exits and can be exploited and used. Within the scope of this article, we will advise more clearly the legal provisions on the issue of rights to adjoining real estate according to the provisions of civil law to our readers.
According to the provisions of Article 245 of the Civil Code 2015 (Civil Code 2015), “A right to adjoining immovable property is a right to be exercised on an immovable property (referred to as the entitled immovable property) in order to serve for the exploitation of another immovable property owned by another person (referred to as entitled immovable property), which can be understood specifically: The right to use adjoining immovable property (Earthquake) is the act of one movable property subject to the exploitation of another immovable property owned by another person.”
Grounds for establishment of adjoining immovable property shall be established by natural topography, by law, by other agreement or by will. The established bases are analyzed as follows:
First, the right to adjoining immovable property is established by the natural topography. The most obvious feature of the natural topography is that the water on the high ground will have to flow through the land. For example, a property is located on a mountainside, surrounded by 4 other properties around at the top, bottom, left, right and surrounded so the property in the middle has no drainage.
Second, the right to adjoining immovable property is established in accordance with the law. The establishment of rights to adjoining immovable property is not according to the agreement of the subjects but in accordance with the provisions of law.
Third, the right to adjoining immovable property is established by agreement. Freedom, voluntary commitment, agreement is one of the basic principles, expressing the nature of Civil Code. This principle allows subjects to establish civil rights and obligations based on their will and aspirations. Due to personal needs, subjects can agree with each other on establishing a right to adjacent real estate for one of the subject parties, this agreement must be on a voluntary basis, not against the law. and social ethics.
Fourth, the right to adjoining immovable property is established according to the will. A will is a document expressing the unilateral will of the testator. When a person has the right to adjoining real estate, it is completely possible to “give the right back” to the heirs of his land for their convenience in the future use of the land, as well as to avoid disputes that may arise. may happen to the owner of adjoining immovable property upon his death.
In addition, the current legal regulations also stipulate a number of other rights to adjacent real estate, including the right to irrigate and water, the right to water supply and drainage, the right to passage, the right to connect power lines, etc. contributing to building a solid legal basis for the subjects participating in civil legal relations to determine their rights and obligations when using adjacent real estate owned by others.
The above article is the entire content of advice and comments in accordance with current law on frequently asked questions of readers around the issue of rights to adjacent real estate in accordance with the law civil law.
