Chapter XVI
OTHER PROVISIONS ON OWNERSHIP RIGHTS
Article 262.- Obligations of owners in emergency circumstances
1. An emergency circumstance is a circumstance where in order to avert a danger actually and directly threatening the interests of the State or of a collective, or the legitimate rights or interests of their own or of other persons, a person has no alternative but to take an act which would cause lesser damage than the damage to be prevented.
2. In an emergency circumstance, the owner of a property must not hinder another person from using his/her own property or hinder another person from causing damage to such property in order to prevent or abate the greater danger or damage that threatens to happen.
3. The causing of damage in an emergency circumstance is not the act of infringing upon ownership rights. The owners shall be compensated for damage in accordance with the provisions of Clause 3, Article 614 of this Code.
Article 263.- Obligations of owners in the protection of the environment
When using, preserving and renouncing his/her property, an owner must comply with the provisions of law on environmental protection; if he/she causes environmental pollution, the owner shall have to terminate the acts which cause the pollution, to take measures to remedy the consequences and to compensate for damage.
Article 264.- Obligations of owners to respect and ensure social order and safety
When exercising his/her rights to possession, use or disposition of his/her own property, an owner must respect and ensure social order and safety and must not abuse his/her ownership rights to cause social disorder or unsafety, causing damage to the State interests, public interests or legitimate rights and interests of other persons.
Article 265.- The obligation to respect the boundaries between immovable properties
1. The boundaries between adjoining immovable properties shall be determined under the agreement between the owners or the decisions of competent state agencies.
The boundaries may also be determined in accordance with practices or the boundaries which have existed for thirty years or more without disputes.
2. A person with land use rights may use the air space and underground area perpendicular to the boundaries of the land area in accordance with the construction planning specified by a competent state agency, and without affecting the use of the adjoining land of other persons.
A land user may plant trees and conduct other activities only within the land area under his/her own use rights and within the boundaries which have been determined; if tree roots and/or branches extend beyond the boundaries, he/she must clip the extending roots and/or prune the extending branches, unless otherwise agreed upon.
3. In cases where the boundary is a canal, irrigation ditch, trench, gutter or the boundary of a rice field, the land user shall have the obligation to respect and maintain the common boundary; he/she must not encroach upon the boundary or change the boundary markers.
Article 266.- Ownership rights to boundary markers separating immovable properties
1. Owners of adjoining immovable properties may put up boundary stakes, fences or partition walls only on the portion of land under their land use rights. Persons using adjoining lands may mutually agree on the putting up of boundary stakes, fences or partition walls and planting of trees on the boundary as boundary markers between the immovable properties; these boundary markers shall be under their common ownership.
In cases where a boundary marker is put up on the boundary by only one party and with the consent of the owner of the adjoining immovable property, such boundary marker shall be under common ownership and the construction expenses shall be borne by the party who puts up the marker, unless otherwise agreed upon; if the owner of the adjoining immovable property does not give his/her consent for justifiable reasons, the owner who has put up the boundary stake, fence or partition wall must remove it.
With respect to trees as common boundary markers, the parties shall all have the obligation to protect them; the yields from the trees shall be shared equally, unless otherwise agreed upon.
2. With respect to common house walls as boundary markers, the owner of the adjoining immovable property shall not install a window or air ventilating hole or drill the wall in order to install building structures, except where it is so consented by the owner of the adjoining immovable property.
In cases where houses are separately built but have adjoining walls, an owner may drill and install building structures only up to his/her boundary wall.
Article 267.- The obligation to respect building codes
1. When constructing a project, the project owner must comply with the law on construction, ensure safety, must not build beyond the height and distance specified by the law on construction and must not infringe upon legitimate rights and interests of owners of adjoining and surrounding immovable properties.
2. When there is a danger of an incident occurring to the construction project, which would affect the adjoining and surrounding immovable properties, the project owner must immediately stop the construction and make repairs or dismantle the construction at the request of owners of adjoining and surrounding immovable properties or at the request of a competent state agency; if damage is caused, compensation must be made.
3. When building a sanitation project, a toxic chemical storehouse or another project the use of which may cause environmental pollution, the owner must build it at a reasonable site and distance from the boundaries, and must ensure sanitation and safety and not affect owners of adjoining and surrounding immovable properties.
Article 268.- The obligation to ensure safety for adjoining construction projects
When drilling wells, digging ponds or constructing other subterranean projects, project owners must dig or build them at distances from the boundaries as specified by the law on construction.
In cases where the projects are in danger of threatening the safety of adjoining and surrounding immovable properties, the project owners must immediately take remedial measures; if damage is caused to owners of adjoining and surrounding properties, compensation must be made.
Article 269.- Obligations of owners in draining rainwater
House owners must install water drainage conduits so that rainwater from their house roofs will not run down onto the immovable properties of owners of adjoining immovable properties.
Article 270.- Obligations of owners in draining waste water
House owners must install under-ground drains or water drainage sewers to discharge waste water to the prescribed location, so that the waste water will not spill onto the immovable property of owners of adjoining immovable property or onto public roads or public places, thus causing environmental pollution.
Article 271.- Restrictions on the right to install doors/windows
1. House owners shall only install doors and/or windows swinging over to adjacent houses or opposite houses and common paths in accordance with the provisions of law on construction.
2. The awnings above doors or windows swinging into common paths must be at least 2.5m above the ground.
Article 272.- The right to request the repair or removal of adjoining immovable property
In cases where a tree or a construction project is in danger of collapsing onto an adjoining immovable property or a public facility, the owner must cut down the tree, repair or demolish such construction project.
The owner of an adjoining immovable property shall have the right to request the owner of the tree or the construction project, which is in danger of collapsing, to cut down the tree, or demolish the construction project; if the latter does not cut down the tree or demolish the construction project, the owner of an adjoining immovable property shall have the right to request a competent state agency to permit the cutting down of the tree, or demolition of the construction project. The expenses for cutting down the tree or demolishing the construction project shall be borne by the owner of the tree or the construction project.
Article 273.- The right to an easement over adjoining immovable property
A house owner or a land user shall have the right to use in a reasonable manner an adjoining immovable property under the ownership of another person for his/her own needs for passageway, water supply and drainage, gas supply, electricity transmission wires, communication lines and other necessary needs, but must compen-sate, unless otherwise agreed upon.
Article 274.- Establishment of the right to an easement over adjoining immovable property
1. The right to an easement over adjoining immovable property shall be established as agreed upon or provided for by law.
2. In cases where the right to an easement over an adjoining immovable property has been established for the house owner or land user, the successive house or land use right transferee shall also be entitled to such right.
Article 275.- The right regarding the passageway through adjoining immovable property
1. The owner of an immovable property surrounded by immovable properties of other owners from which there are no exits shall have the right to request one of the owners of the adjoining immovable properties to reserve for him/her a convenient and reasonable passageway leading to a public path; the requested person shall have the obligation to meet such request. The person for whom a passageway is reserved must compensate the owner of the adjoining immovable property, unless otherwise agreed upon.
The passageway shall be opened on the adjoining immovable property which is considered most convenient and reasonable, with the specific characteristics of the locations and interests of the surrounded immovable property being taken into account, and with the least damage caused to the immovable property on which the passageway is opened.
2. The position, the extent of length, width and height of the passageway shall be agreed upon by the parties to ensure the convenience for the ingress and egress and to minimize inconvenience to the parties; if there is a dispute over the passageway, the parties shall have the right to request a competent state agency to determine it.
3. In cases where an immovable property is divided into different parts to different owners and/or users, upon such division, a necessary passageway must be reserved for the person(s) in the interior in accordance with the provisions of Clause 2 of this Article, without any compensation.
Article 276.- The right to install electricity transmission wires and communication wires through adjoining immovable property
An owner of an immovable property shall have the right to install electricity transmission wires and communication wires in a reasonable manner through the immovable property of other owners, but must ensure the safety and convenience for such owners; if damage is caused, compensation must be made.
Article 277.- The right regarding the water supply and drainage through adjoining immovable property
In cases where due to the natural position of an immovable property the water supply and drainage pipes must run through another immovable property, the owner of the immovable property through which the water flows must reserve an appropriate channel for the water supply and drainage and must not hinder or prevent the flow of water. The user of the water supply and drainage channel must minimize to the lowest possible extent any damage to the owner of the immovable property through which the water flows when installing water conduits; if damage is caused, compensation must be paid. In cases where the water flowing naturally from a higher position to a lower position causes damage to the owner of the immovable property through which the water flows, the user of the water supply and drainage channel shall not have to compensate for any damage.
Article 278.- The right regarding irrigation and water drainage in cultivation
A person who is entitled to use land for cultivation shall have the right to request persons using the surrounding land to reserve for him/her a channel suitable and convenient for irrigation and water drainage; the requested person shall have the obligation to meet such request; if the user of the water channel causes damage to the neighboring land users, he/she must pay compensation therefore.
Article 279.- Termination of the right to easement over adjoining immovable property
The right to easement over adjoining immovable property shall terminate in the following cases:
1. The adjoining immovable property and the immovable property of an owner currently exercising the right to easement over such immovable property are integrated into one property;
2. The house owner or land user no longer needs an easement over the adjoining immovable property.
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