【正文】 所有 權(quán) [M].北京：中 國 政法大 學 出版社， 20xx 11. 王 澤鑒 .民法物 權(quán) 2用益物 權(quán) 最后，在權(quán)利存續(xù)期間及有償與否方面，地役權(quán)的存續(xù)期間可由當事人約定，地役權(quán)的取得有償與否也取決于地役權(quán)的設定方式和雙方當事人的約定；而相鄰權(quán)由法律直接規(guī)定，存續(xù)期間是法定的，通常是無償?shù)?。二者是相輔相成的法律制度。此外，地 役權(quán)也可因遺囑、繼承或時效等原因而取得。二者的主要區(qū)別如下。目前我國現(xiàn)行法律只規(guī)定了相鄰權(quán)，對地役權(quán)未作規(guī)定。地役權(quán)具有從屬性和不可分性等特點。在地役權(quán) 法律 關(guān)系中，因使用他人土地而獲便利的土地為需役地，為他人土地的便利而被使用的土地為供役地。 地役權(quán)與相鄰權(quán)的關(guān)系非常密切，二者很容易相混淆，可以通過比較分析來加以區(qū)別。相鄰關(guān)系與法定地役立法規(guī)范角度不同。 至于相鄰關(guān)系涉及的 方面，該條僅以有限列舉方式，明確了截水、排水、通行、通風、采光，至于其他方面，沒有列舉，但并不是不予調(diào)整?！睹穹ㄍ▌t》僅用一條（第 83 條）確立了相鄰關(guān)系的基本原則、基本內(nèi)容和責任形式。時效取得的地役兼具有法定地役與約定地役的一些特征。因此，法定取得仍然有別于時效取得。而在法律上無供役義務時，一方當事人可以基于約定而賦予另一方當事人利用其土地的權(quán)利，便產(chǎn)生了約定地役。法定地役是依 據(jù)法律規(guī)定產(chǎn)生的對他人土地的一種便宜性權(quán)利；而約定地役是依據(jù)當事人的約定而產(chǎn)生的對他人土地的一種便宜性權(quán)利。 作為一種對他人土地的一種便宜性權(quán)利，地役權(quán)從取得方式或發(fā)生根據(jù)上有兩個，一個是依據(jù)法律規(guī)定，一個是依據(jù)當事人約定。土地所有權(quán) 人 為了利用自己的土地而有限地利用他人土地的權(quán)利就是地役權(quán)。 one is based on the parties agreed to. Therefore, the easement is divided to two kinds, the agreed easement and the legally defined easement. The legally defined easement is based on the law, while the agreed easement is based on the agreement. The reason why the law defines someone to have the easement right is that the pulsory obligation made the owners use their land more effectively. If there is no such law, one part may give the other one to have the right to use the land and this is the agreed 15 easement. The mon difference between the legally defined easement and the effect easement is that the legally defined easement can be carried out if there is necessity, but the effect easement has no necessity and can be carried out easement right after the legally defined easement. Therefore, there is difference between the legally defined one and the effect one. In all, the general easement includes the legally defined easement, the effect easement and the agreed easement. The effect easement has something in mon with the legally defined easement and the agreed easement. The adjacency relation is defined in the Civil Law. The Civil Law uses one rule (the eightythird one) to define the basic rules, content and the form of responsibility of the adjacency relation. The basic rule of the real estate adjacency relation is good for production and life, mutual assistance and fair. The action of the violation of this rule which caused the damage to the neighbor should be forbidden, remove the obstacle and claim the pensation. About the aspects of the adjacency relation, there is the example of the drainage, passage, ventilation, and lighting and the others not in the examples can still be adjusted. The Supreme People’s Court “Opinions on the Implementation of the Civil Laws” defined the adjacency relation in more detail in the 98 to 103 rules. There is difference between the adjacency relation and the easement from the point of view of the legalization. As a kind of easement rights, the easement emphasizes on the right and this means the easement right is defined from the view of the right. But the adjacency relation is based on the view of obligation and does not exclude the view of right. The easement is on intimate terms with the adjacency. It is easy to mix these two concepts but we can make it clear through parison and analysis. As for the easement, it means in order to use one’s own land the owner uses the other’s land, which is the domination of the other’s land to take advantage of one’s own land. In the easement of law, the land is called needed land if one acquires convenience from other’s land. And the land is called applied land if this land is used to supply the convenience of others. The 16 easement in the traditional Civil Law happened between the owners of the land. For the owner of our country’s land is our nation or the country anization, the easement right happened between the user of the land and the user of the real estate. The easement has the characteristics of dependency and nonseparability. The adjacency relation that is real estate adjacency relation means the right and obligation between the owners of the neighboring real estate when they implement the owner right or the user right. So far, there is no definition about the easement but just the definition about the adjacency relation in our national law. Although the aims of these two rules are to work out the economic effect of the neighboring real estate, there two rules can not replace or contain each other for the usage of the real estate are connected closely to each other. The following part is the distinctions between these two rules: Firstly, there is essential difference between these two rules for the reason of causing factor. The adjacency relation is defined by the law, which is the legal right based on the real estate right. While the easement is based on the law action, generally it is defined right. It can be effective according to the party’s contract, but this action is the real right and the two parties should be registered in the real estate authority. Besides, the