The legal nature of provisions on good neighborliness (neighborhood law) and their place in the system of regulation of the legal regime of lands in Ukraine

Abstract

This article examines the legal nature of the provisions of the institute of neighborhood law (good neighborliness) and their place in the system of regulation of the legal regime of lands in Ukraine.
The provisions of Chapter 17 of the Civil Code of Ukraine contain a system of special rules regarding the regulation of relations between owners and land users of neighboring land plots, which constitute the institution of good neighborliness (neighborhood rights). These provisions have a civil origin and material-legal nature, and the institution of good neighborliness (neighborhood rights) itself has a private law character.
By their content (essence), provisions on good neighborliness (neighborhood law) are legal restrictions aimed at preventing conflicts and balancing the interests of owners and land users of neighboring land plots by keeping their behavior within certain legal frameworks through the use of various methods of legal regulation (prohibitions, obligations permits, permits). They establish a system of rights and obligations, which are equally granted to all subjects of land neighborly relations in relation to each other, but do not grant them any additional rights to land (land plots).
In accordance with the doctrine and practice of legal regulation of foreign states, provisions on good neighborliness (neighborhood law) regulate such aspects of neighborly relations as: the transfer of certain consequences of land use to neighboring land plots; transformation and construction of a land plot affecting neighboring plots; the legal regime of plants growing on or near the border, as well as their fruits; regulation of water flows to neighboring land plots; arrangement of fences and their legal regime; establishment (restoration) of boundaries of adjacent land plots.
The rules on good neighborliness (neighborhood law) are a component of the legal regime of land use in Ukraine, as they introduce additional legal restrictions that are mandatory for all owners of land plots and land users.