The Civil Code 2015, effective from January 01, 2017, stipulates that an entity has the right to directly possess and control property owned by another entity.
Article table of contents
According to the provisions of Article 159 of the Civil Code 2015, other rights over property include:
- Rights to adjoining immovable property;
- Usufruct rights;
- Surface rights.
Article 245 of this Code stipulates that the rights to adjoining immovable property are the rights exercised over one immovable property (referred to as the property bearing the burden) to serve the exploitation of another immovable property owned by another person (referred to as the dominant property).
The rights of the owner to adjoining immovable property:
- Right to supply and drain water through adjoining immovable property: In the case where the natural position of the property necessitates water supply and drainage through another property, the owner of the property through which the water flows must provide an appropriate water supply and drainage path and must not obstruct or block the water flow.
- Right to irrigate and drain water in cultivation: When the person having the right to use the land for cultivation needs irrigation or drainage during cultivation, they can request the surrounding land users to provide a suitable path for irrigation and drainage.
- Right of way: If a property is surrounded by properties of other owners and lacks or has insufficient access to public roads, the owner of that property can request the owners of the surrounding properties to grant a reasonable passage over their land.
- Right to install power and communication lines through other properties: The owner of a property has the right to reasonably install power and communication lines through the property of other owners, ensuring safety and convenience for those owners.
Usufruct right is the right of the subject to exploit the utility and enjoy the yields and benefits from the property owned by another person for a certain period (Article 257 of the Civil Code 2015). Therefore, the usufruct right is a type of limited real right over another’s property, including the right to use and enjoy the yields and benefits. Accordingly, when the owner grants usufruct rights to another subject, it means the owner has given up the possession and use rights while retaining the right to dispose of.
Rights of the usufructuary:
- To themselves or allow others to exploit, use, and enjoy the yields and benefits from the object of the usufruct right, lease the usufruct right;
- To request the property owner to repair the usufructed property to ensure that the property does not substantially deteriorate to the point where it cannot be used or loses all its utility and value.
Surface right is the right of the subject to use the land surface, space above the land, and underground areas where the land use rights belong to another person (Article 267 of the Civil Code 2015). The object of the surface right can be a tangible entity attached to the land or a space area where tangible entities attached to the land are established.
The subject of surface rights has the following rights:
- To exploit and use the land surface, water surface, space above the land, water surface, and underground areas belonging to the land use rights of others for construction, planting, and cultivation;
- Ownership rights to the properties created in the process of construction, planting, and cultivation.
Linh Trang
.Medium.png)
.Medium.png)
.Medium.png)
.Medium.png)
