WATER SUPPLY AND DRAINAGE PINES THROUGH NEIGHBOR’S HOUSE, PERMITTED OR NOT

To ensure daily living needs, in many cases land owners and users are forced to install water supply and drainage pipes through neighbors’ houses. Such installations sometimes cause unwanted damages to the house’s owner through which the pipe passes. So what are the legal provisions on this issue?

1. How is the right to install water supply and drainage pipes through adjoining immovable property

In accordance with the current regulation, 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.

However it should be noted that, 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.

If damage is caused, compensation must be made, except for the case where water flows naturally from a higher position to a lower position.

2. When using adjacent real estate, what are other rights does the owner have?

Ensuring the reasonable needs of real estate exploitation, in addition to the right to install water supply and drainage pipes as analyzed above, the law stipulates a number of other rights of the owner with respect to adjacent real estate as follows:

– 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.

– 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.

– 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.

>> USING COMMON PASSAGE OPENED BY NEIGHBOR, MUST FEE BE PAID? https://linconlaw.vn/using-common-passage-opened-by-neighbor-must-fee-be-paid/

>> PROCEDURE FOR ORPHANS ADOPTION https://linconlaw.vn/procedure-for-orphans-adoption/

3. Some prohibited behaviors should be noted

During the exploitation process, to ensure legal rights and interests for themselves and adjacent real estate owners, owners should be careful not to violate the following acts:

– Over-exploiting the entitled immovable property in conformity with the use purposes of both entitled and obliged immovable property;

– Abusing the right to the obliged immovable property;

– Obstructing or hassling the exercising of right to the entitled immovable property.