Legal regulation of neighborhood relations (good neighborliness) in the context of recodification of civil legislation of Ukraine

Abstract

This article aims to study the content of the provisions of the legislation of Western countries regarding the regulation of relations between owners and owners of neighboring real estate objects. Based on the results of the research, proposals were formulated regarding the content of the provisions of «neighborhood rights» (good neighborliness) in the updated Civil Code of Ukraine.
A comparative study of the civil codes of Western countries indicates that they contain the provisions of «neighborhood rights» (good neighborliness). These provisions constitute a group of special norms within the framework of legal regulation of property relations.
As a rule, the right of neighborhood in foreign legislation is a fairly typical set of provisions that regulate relations regarding: the transfer of the consequences of land use (smoke, noise, dust, etc.) to neighboring properties; prevention of excessive negative impact on neighboring properties; overgrowth of plants across the border; ownership rights to fruits that have fallen from neighboring property; legal consequences of violation of property boundaries during construction; water flows to neighboring properties; demarcation of neighboring properties; legal regime of border structures.
Accordingly, the basis of «neighborhood rights» (good neighborliness) in the updated Civil Code of Ukraine should be provisions on the regulation of the above relations.