Neighbor Right: new regulations in RA Civil Code

Starting from February 1, 2018 RA Civil Code is supplemented with chapter 14.2, entitled “Neighbor Right”. As the title suggests, the new Chapter of the Code regulates certain “neighborhood” legal relations, particularly,  related to the mutual influence of lands or other real estate, water use, division installation, other legal relations arising between neighbors.

It is noteworthy that owners of neighbor real estates have the obligation of mutual respect. Thus, the owner of a neighboring real estate or its legitimate owner cannot prohibit the use of gas, steam, odor, soot, smoke, noise, heat or other influence if it does not impede its use of real estate, or is conditioned by the normal and typical use of the territory, or such influence is insignificant. And, in case the impact exceeds the limits of the norm, and cannot be eliminated reasonably, the owner has to tolerate it, then he may demand  monetary compensation from the owner of the neighboring area (the details determine the parties, and in case of no agreement is reached, the court).

Moreover, the owner of the land or the legitimated owner may cut and use  the branches or roots of  the tree or shrub that have extended from the neighboring  land, in case he has properly notified the neighbor in advance, demanding to remove it from his land, but within reasonable terms no steps have been taken. The fruits of trees or shrubs fallen on the neighboring land are considered the fruit of that land in case there is no other agreement with the neighbors’ mutual consent.

The question of the disputable borderland is also of interest, in particular, if there is a dispute and it is impossible to determine the exact boundary by legal documents, the actual possession of the neighbors is considered to be decisive. If this is not possible to determine also, then an equal portion of the disputed territory is given to each land.

The owner or legitimate owner of a neighbor land should take measures to prevent water, ice or snow fall from the roof or ancillary property on the neighboring plot.

The above mentioned paragraph extends on the buildings built after the effectiveness of the amendment. The current amendment is effective since February 1, 2018.

Author: Lusine Chilingaryan