OBLIGATIONS OF ADJOINING IMMOVABLE PROPERTY OWNER

The exercise of rights to adjoining immovable property according to the agreement of the parties. However, it is necessary to ensure reasonable needs, rights and legitimate interests of real estate exploitation while not hindering the exploitation of relevant owners and users. So, how are the obligations of adjoining immovable property owner under currently regulated?

1. Regulations on rights to adjoining immovable property

Right to adjoining immovable property means a right to be exercised on an immovable property (hereinafter referred to as obliged immovable property) to serve the exploitation of another immovable property under ownership of another person (hereinafter referred to as entitled immovable property).

Bases for establishment of right to adjoining immovable property are natural terrain, as prescribed by law, according to agreement or will.

2. Rights of the owner to adjoining immovable property

a. Rights relating to supply and drainage of water through adjoining immoveable property

Where, due to the natural location of immoveable property, the supply and drainage of water must pass through another immoveable property, the owner of the immoveable property through which the water flows must provide an appropriate channel for the supply and drainage of water and may not hinder or prevent the flow of water. The person using the water supply and drainage channel must minimize to the lowest possible extent any damage to the owner of the immoveable property through which the water flows when installing the water channel.

b. Rights relating to irrigation and water drainage in cultivation

A person having the right to use land for cultivation has the right to request neighboring land users to provide a reasonable and convenient water channel for irrigation and drainage. A person having been so requested has the obligation to grant such request. If the person using such water channel causes damage to neighboring land users, compensation must be made.

c. Right of passage

An owner of immoveable property which is surrounded by immoveable properties of other owners such that there is no exit has the right to request one of the owners of adjoining immoveable properties to provide it with a passage to a public road on their land.

The passage shall be opened in the adjoining immoveable property which is deemed to be the most convenient and reasonable, taking into consideration the special characteristics of the location, the interests of the immoveable property which does not have an exit, and what will cause the least damage to the immoveable property through which the passage is created.

The owner of the immovable property eligible for the passage must compensate for the obliged immovable property, unless otherwise agreed.

d. Right to install electricity transmission cables and communication cables through other immoveable properties

An owner of immoveable property has the right to install electricity transmission cables and communication cables in a reasonable manner through the immoveable property of other owners, but must ensure the safety and convenience of such owners. If damage is caused, compensation must be made.

>> NEIGHBORS BLOCK THE COMMON PASSAGE, HOW TO RESOLVE? https://linconlaw.vn/neighbors-block-the-common-passage-how-to-resolve/

>> BASIS OF DEBT RECOVERY FROM CONSTRUCTION CONTRACTS https://linconlaw.vn/basis-of-debt-recovery-from-construction-contracts/

3. Obligations of the owner to adjoining immovable property

a. Obligation of owners relating to draining of rainwater

An owner of house or construction works must install water drain pipes in order that the rainwater from its roof does not run onto any adjoining immoveable properties.

b. Obligation of owners relating to draining of waste water

An owner of house or construction work must install underground drains or water drainage channels to discharge waste water to the prescribed location in order that the waste water does not run and spill onto any adjoining immoveable properties or onto public streets or public places.