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案例2012年,谢先生在某市购买了一幢湖边别墅。别墅正面是A村所有的一片荒地。为保证居住景观不受影响,谢先生与A村委会约定:A村不得在该荒地上修建建筑物。确有必要修建的,要经过谢先生同意,不得影响到别墅的观光视野。为此,谢先生每年将支付2万元给A村作为补偿,双方遂到有关部门登记备案。2013年,A村将该片荒地承包给袁先生经营养殖业。袁先生欲修建一栋三层楼房,作为生产经营之用,选址刚好在谢先生别墅的正对面,且建成后将会遮挡别墅的观光视角。谢先生提出异议,袁先生则拒绝接受,认为协议仅对双方当事人有效,自己对协议并不知情,不受其约束。谢先生遂以相邻权受到侵害,向法院提起诉讼。
Case 2012, Mr. Xie bought a lake villa in a city. The front of the villa is A village of all the wasteland. In order to ensure that the living landscape will not be affected, Mr. Xie and A Village Committee agree that: A village shall not construct buildings on the wasteland. It is indeed necessary to build, to go through Mr. Xie agreed, shall not affect the villa’s sightseeing. To this end, Mr. Xie will pay 20,000 yuan a year as compensation to the village, the two sides then to the relevant departments for the record. In 2013, village A contracted the piece of wasteland to Mr. Yuan for farming. Mr Yuen wants to build a three-storey building for production and operation purposes. The site is right across from the villa of Mr Tse and will be sheltered from sightseeing in the villa. Mr. Xie objected, and Mr. Yuan refused to accept that the agreement was only valid for both parties and that he himself was not aware of the agreement and was not bound by it. Mr. Xie then infringed on his neighboring rights and filed a lawsuit in the court.