Today’s theme: Law popularization cases | Neighborhood get along, these cases are worth reading!
As the saying goes, “a close neighbor is better than a distant relative.”In the people’s life, the case of mutual understanding and mutual accommodation between neighbors accounted for the mainstream, but because of the lack of a good sense of propriety, disputes and then into the court of many enemies.Tan is the owner of the 4th and 5th floors of a commercial house 11 along the street in Kecheng District, Zhejiang Province.Wu mou is the owner of the 1st floor and 3rd floor of the commercial housing 11, and obtained the property in 2016. The planning use of the property ownership certificate is for office and other purposes.After investigation, the 11th floor and the 2nd floor together constitute a channel, staircase use, and is the only access to the 4th floor, the 5th floor.Wu mou to obtain the room prenatal, to 2 to 5 floors of the building are from the passage.Since 2020, Wu will be the first floor of the channel locked, resulting in Tan can not pass.Repeated negotiations failed, Tan appealed to the court, wu asked to give its access to facilitate.May 7, 2021, the court judgment, since the effective date of the judgment within three days of the defendant on its all located in kecheng District along the street commodity housing building 11 building 1 building property for Tan mou to provide access to facilitate.Wu mou did not appeal, and open channel actively.S judge about code Adjacent to the right of way should be guaranteed Neighboring relationship refers to two or more than two adjacent to the owner or user of the real estate, in the exercise of real estate ownership or right of use, such as ventilation, lighting, water, drainage, passageway, etc., formed adjacent parties to give each other convenience and acceptable limits and the relationship between rights and obligations.Adjacent – ground traffic relation is the most common kind of adjacent relation.According to the civil Code, a realty right holder shall provide necessary convenience to the neighboring right holder for the purpose of using his land.This article is about the right of way in adjacent relations.Compared with the relationship of temporary use of neighboring land stipulated in civil code, the neighboring land right of passage has three characteristics: first, the neighboring land right of passage is generally long-term and only transient;Second, the neighboring right of passage generally need not conclude a contract;Third, the exercise of the neighboring right of passage is generally free.As the extension of the right, the adjacent right holder should limit his right to a reasonable range.One is to choose the most economical route through the neighborhood.Where there is an old road, the neighboring right holder shall not widen it arbitrarily;There is no old road to go, the new channel should be limited to passable.If it is seasonal through the neighborhood, do not leave a fixed road.Second, pay attention to the protection of adjacent land property.When passing through the adjacent ground, they shall be cautious and shall not trample on green plants or damage objects attached to the ground.Third, due to the changes in the objective environment can be rerouted traffic, should be rerouted by other more economic routes.Fourth, the loss caused to the realty right holder due to passage shall be compensated.02 bamboo spread influence neighbor lighting lv and Cui are neighbors in the same village, Lv lives in the east, Cui lives in the west.More than ten years ago, Cui mou in its courtyard by lv mou building side open space planted a few bamboo.In the first few years, because moso bamboo did not grow up, there were no adverse effects, and the neighborhood was harmonious.Over time, the bamboo grows taller and its roots spread.In recent years, moso bamboo has grown to the height of two stories of the house, seriously affecting the lighting of the house, The house gradually become dark and damp.Two because of the matter of bamboo many disputes, resentment has long.On February 18, 2021, Lv appealed to the court for moso bamboo affecting the lighting and damage to the foundation of the house, asking Cui to remove moso bamboo and restore to its original state.On March 8, 2021, undertake the judge inspection site and mediation, the two sides reached an agreement: Cui on the spot to cut the distance from the lvmou house within 3 meters of the bamboo, and agreed to remove bamboo roots within three days.The two sides turned swords into plowshares.■ The judge said that the code should not harm the legitimate rights and interests of neighbors neighbor right refers to a party adjacent to real property for the exercise of its real property rights necessary to request the other party adjacent to real property to provide convenience or accept restrictions.The obligation opposite to neighboring right is that the other party adjacent to real property shall provide necessary facilities or accept necessary legal constraints.The civil code stipulates that the owner of real estate shall not endanger the safety of adjacent real estate by digging land, constructing buildings, laying pipelines and installing equipment.This article is the obligatory provision on maintaining the security of adjacent immovable property, that is, the right holder of immovable property undertakes the social obligation of “not endangering the security of adjacent immovable property” based on this right when exercising his or her rights.The obligation to guarantee the security of adjacent real estate is the limitation of adjacent right, which is related with adjacent right.In this case, cui’s continuous extension of bamboo root system, endangering the safety and normal use of neighbor Lv’s house, tall bamboo affect lighting, should eliminate danger, restore to its original state.It is also suggested that when you beautify your own residential environment, do not bring trouble to your neighbors.03 illegal installation of air conditioning machine emission noise Wu and Zhang are kecheng District a new property owners, Wu’s house is located in the 7th floor, Zhang is located in the 8th floor.In August 2021, Wu mou found when decorating bridal chamber, Zhang Mou installed an air conditioner outside the outer wall of the upper part of the wave window in its master bedroom, less than 1 meters from the wave window.Considering the noise, heat, vibration generated in the process of using air conditioning machine will greatly affect the living environment, and the real estate construction has reserved air conditioning machine room, Wu mou repeatedly communicate with Zhang mou to remove air conditioning machine, it refused.Wu then appealed to the court, asked Zhang to remove the air conditioning machine, restore the wall.In the process of hearing the case, after mediation, Zhang will air conditioning machine moved into the reserved air conditioning machine room.■ The judge said that there should be restrictions on the exercise of the rights in the code. In essence, the adjacent relationship is an extension or restriction of the exercise of the right of the adjacent real estate.According to the civil Code, the adjacent right holders of immovable property should correctly handle the adjacent relationship according to the principles of beneficial production, convenient life, solidarity and mutual assistance, fairness and reasonable.This article stipulates the four principles of dealing with adjacent relations, is the guiding ideology of correctly grasping adjacent relations, from the general principles of civil law, property law to civil Code is used today.The biggest characteristic of adjacent relationship is that it is closely related to the people’s lives. Properly handled, it can improve people’s living environment and improve the quality of life.In this case, Zhang installed the air conditioning machine is to exercise their rights, but it did not install the air conditioning machine in accordance with the provisions of the air conditioning machine in the air conditioning room, but installed in the neighborhood of the bedroom window, the noise and hot air when the air conditioning operation may greatly affect the normal living of the neighbors, should be removed.Mr. Ye is the owner of Room 308, building 3, a community in Kecheng District, and Mr. Chen is the owner of Room 408, building 3, the community. The two sides are neighbors.In August 2021, Ye found water stains on the ceiling of his living room, which he suspected was caused by a leak upstairs. However, as the situation was relatively minor, he had the ceiling repaired by himself.Before long, the leaf mou found that its bedroom ceiling and the ground are large water stains, from time to time to the ground, wardrobe also began to appear mildew phenomenon, so find upstairs neighbor Chen mou consultation requirements to solve the housing leakage problem, Chen mou did not pay attention to.After leaf mou seeks help to property, community in succession, Chen Mou all ignores.Because the house leaks seriously, has affected the normal living, the leaf has no choice but to rent another house.In November 2021, Ye filed a lawsuit to the court, requiring Chen to eliminate the nuisance and compensation for its rent and repair wall, ceiling losses.On December 2, 2021, it was confirmed by both parties that there were water traces or cracks in the bedroom roof and wall of Room 308, and the water leakage was caused by floor drain blockage in the bathroom of Room 408. Repair has been completed, and no further water leakage has been found.After mediation, Chen mou agreed to compensate for the maintenance of the ceiling and metope loss of 1500 yuan, and court performance.■ The judge speaks the code caused property loss rights protection method this case is adjacent housing dripping dispute, belongs to the scope of adjacent relationship.In this kind of dispute, the two parties often have disputes because of the cause of water leakage, the subject of responsibility, the scope of loss and the amount of compensation.Only when the cause of water leakage is determined can the subject of responsibility be determined. Therefore, when water leakage is found, the parties should take photos and videos in time to retain evidence, and give feedback to the community and property in time, so as to fix the facts and facilitate the protection of rights. If no one recognizes the case and there is no valid evidence, it is necessary to apply for the court to start the identification procedure.Property loss can be generally divided into direct loss and indirect loss.When claiming compensation, the plaintiff shall, first of all, prove the specific situation of the loss caused by the leakage of the house and the causal relationship between the leakage and the loss.Secondly, to make a good list of goods loss, can be in advance to find the purchase of bills or inquiry, determine the amount of direct loss.If both parties cannot reach an agreement on the loss value of the article, they may apply for judicial appraisal.In addition, the plaintiff shall provide relevant evidence to prove that the leakage has seriously affected the living and the loss is only within a reasonable range for the indirect loss caused by water leakage, such as causing one party to live in a rented house or the house cannot be rented out due to water leakage.Therefore, it is suggested that after such disputes occur, both parties should actively negotiate on the issues of repair and loss compensation to avoid the increase of subsequent litigation costs and appraisal costs.Article 288 The neighboring right holders of a realty shall, in accordance with the principles of facilitating production, facilitating life, solidarity and mutual assistance, fairness and fairness, correctly handle their neighboring relations.Article 289 Where there are provisions in laws or regulations concerning the handling of adjacent relationships, such provisions shall prevail;In the absence of provisions in laws and regulations, local customs may be followed.Article 290 The right holder of a realty shall provide necessary facilities for the adjacent right holder to use water or drain water.The utilization of natural flowing water shall be rationally distributed among the adjacent right holders of realty.The natural flow direction shall be respected in the discharge of natural running water.Article 291 Where a realty right holder has to use his land for the sake of passage, etc., he shall provide necessary conveniences.Article 292 Where the owner of a realty right has to make use of adjacent land or buildings for constructing or repairing a building or laying electric wires, cables, water pipes, heating and gas pipelines, the owner of the land or building shall provide necessary convenience.Article 293 No building may be constructed in violation of the relevant state standards for project construction, nor may it interfere with the ventilation, lighting and sunshine of adjacent buildings.Article 294 No holder of realty right may, in violation of state regulations, discard solid waste or discharge such harmful substances as air pollutants, water pollutants, soil pollutants, noise, optical radiation, electromagnetic radiation, etc.Article 295 In excavating land, constructing buildings, laying pipelines and installing equipment, the right holder of a realty may not endanger the safety of adjacent realties.Article 296 Where a realty right holder uses an adjacent realty for the purpose of using water, drainage, passage, laying pipelines, etc., he shall try his best to avoid causing damage to the adjacent realty right holder.Source: People’s Court Daily, Hebei High Court