At the same time began an active discussion of the draft amendments to the Civil code, which stipulates the rights and obligations of neighbors. The main principle of the new rules: mutual respect. But what if to agree with neighbors and fails? If the amendments to the Civil code will take, as they will help in solving the most pressing issues for truckers.
because of the buildings and trees on neighboring plots I have is very dark. It is possible to do something?
As explained by the Chairman of the Union of gardeners of the suburbs, the first Deputy Chairman of the Moscow regional Duma Nikita Chaplin, in the rules of land development, in principle, nothing changes. The land owner may erect on it buildings and facilities, their reconstruction or demolition, to allow the construction on his land to others. The main condition is the observance of town-planning and construction norms and rules and the requirements of intended use and the permitted use of the land.
If the land owner built a house, the height of which above 20 meters or three floors, he is entitled to it. And there is nothing to do. If the person on your summer cottage has managed to build high-rises, it will definitely require either to carry or bring into compliance with town planning regulations.
When it comes to high fences or too thick and high trees, there is, of course, must be a principle of respect to those who live nearby, that is incorporated in amendments to the civil code. But if Ivan Petrovich Vasily Ivanovich, can not agree, that is rich in litigation: claims about the demolition of the high wall, about the cutting down of tall trees on neighboring property, on the restructuring of the roof, to prevent water flowing from a neighbor.
Neighbors constantly harness on your site, and all the smoke comes to me. And the other very noisy. How to escape from the noise and odors?
it is Clear that the smoke and noise are not only related to adjacent parcels. Often, these neighbors are not normally allowed to live in the country across the street. If the violators to fix the video, then they will be not only an administrative fine. Neighbors can send petition to court about compensation of moral harm. And now the lack of adjacent border will not be a valid basis for refusal in satisfaction of claim requirements.
But this applies only to the worst offenders. Often people just accidentally or without thinking disturbs the peace of neighbors. So immediately run to court is not worth it. That is what is proposed in the amendments to the civil code: “the Owner of the land must suffer the effects coming from the neighbouring land gases, vapours, odours, smoke, soot, warmth, noise, vibrations and other such effects, if it does not affect the use of his land UchAsda or having to use such influence, which does not exceed the standard, reasonable based on the nature and location of land or of custom. In the case when coming from neighboring land impacts beyond the stated limits, the owner (owner) of the land plot shall have the right to require the removal of obstacles to the use of the land plot (article 230)”.
read More about the most important issues that arise between neighbors in the country, read in the nearest number “RG-Week”.
