Recently, a court in Nanchang concluded a case of neighboring relationship disputes and sentenced the defendant Wan Guomei to repair the leakage and leakage in the toilet of Room 402 of Unit 2 in Xihu District of Nanchang City (refer to the national standard of waterproof standards for toilets in the house). Dismissed the plaintiff's other lawsuit requests.
The court found that the plaintiff Qin Ping and the defendant Wan Guomei were the owners of Unit 302 and Room 402 of the 2nd unit of Xihu District, Nanchang. Due to the leakage of the 2nd unit of Room 402 of the defendant Wang Guomei, leakage and leakage of the 2nd Unit 302 bathroom of the plaintiff Qin Ping were caused. After the plaintiff Qin Ping and the defendant Wang Guomei negotiated a failed repair, they appealed to the court.
On May 21, 2013, the court inspected and found: In the area of ​​the 2nd and 302th rooms of Unit 2 in Xihu District, Nanchang City, there were water leakage marks and mildew spots on the walls and roofs adjacent to the bathroom of the 2nd unit of the Xihu District of Nanchang City. There was a fuzzy cement above the ceiling in the bathroom. There are water droplets in the place; Unit 2 Room 402 There is some traces of water seepage in the adjacent wall of the living room and the bathroom, and there is a large area of ​​water leakage marks and mildew spots on the bedroom wall adjacent to the bathroom.
The court held that adjacent parties to real estate should properly handle the adjacent relations of water interception, drainage, traffic, ventilation, lighting and other aspects in the spirit of favorable production, convenient life, solidarity and mutual assistance, and fairness and reasonableness. The defendant Wang Guomei appeared in the process of using the 2-unit 402-room toilet, causing leakage of water, which resulted in the user of Room 302 being unable to use the house normally, causing an obstruction to the user in Room 302, which should be ruled out. However, the plaintiff’s claim for moral damages and lost-work expenses amounted to 2,000 yuan. There was no evidence to prove this and the court did not support it. Accordingly, the court made the above decision. (All names involved in the text are aliases)
[argument] Deng Xie, a lawyer of Jiangxi Huaxing Law Firm, believes that this case is a typical dispute of neighboring rights. Housing neighboring rights refer to the ownership or use of two or more immovable real estates that are adjacent to each other and they are in possession of real estate. In the use, income, and disposal rights, each other requires the other party to provide the right to facilitate or accept restrictions. China's civil law has clear provisions on neighboring rights.
In the course of using the toilets of all their houses, the defendant suffered from water leakage, which caused the plaintiff to not use the house normally and infringed the rights of the plaintiff. It was therefore necessary to eliminate the obstruction instead of confronting the plaintiff. Adjacent house owners should take care of each other. Reasonably use the house and try to avoid interference with the normal life of the neighboring other party. This law recognizes and protects this right, promotes neighbors to care for each other, helps each other, cares for each other, facilitates each other, enables the healthy development of friendship and solidarity between neighboring people, and promotes long-term stability of the social order.
The court found that the plaintiff Qin Ping and the defendant Wan Guomei were the owners of Unit 302 and Room 402 of the 2nd unit of Xihu District, Nanchang. Due to the leakage of the 2nd unit of Room 402 of the defendant Wang Guomei, leakage and leakage of the 2nd Unit 302 bathroom of the plaintiff Qin Ping were caused. After the plaintiff Qin Ping and the defendant Wang Guomei negotiated a failed repair, they appealed to the court.
On May 21, 2013, the court inspected and found: In the area of ​​the 2nd and 302th rooms of Unit 2 in Xihu District, Nanchang City, there were water leakage marks and mildew spots on the walls and roofs adjacent to the bathroom of the 2nd unit of the Xihu District of Nanchang City. There was a fuzzy cement above the ceiling in the bathroom. There are water droplets in the place; Unit 2 Room 402 There is some traces of water seepage in the adjacent wall of the living room and the bathroom, and there is a large area of ​​water leakage marks and mildew spots on the bedroom wall adjacent to the bathroom.
The court held that adjacent parties to real estate should properly handle the adjacent relations of water interception, drainage, traffic, ventilation, lighting and other aspects in the spirit of favorable production, convenient life, solidarity and mutual assistance, and fairness and reasonableness. The defendant Wang Guomei appeared in the process of using the 2-unit 402-room toilet, causing leakage of water, which resulted in the user of Room 302 being unable to use the house normally, causing an obstruction to the user in Room 302, which should be ruled out. However, the plaintiff’s claim for moral damages and lost-work expenses amounted to 2,000 yuan. There was no evidence to prove this and the court did not support it. Accordingly, the court made the above decision. (All names involved in the text are aliases)
[argument] Deng Xie, a lawyer of Jiangxi Huaxing Law Firm, believes that this case is a typical dispute of neighboring rights. Housing neighboring rights refer to the ownership or use of two or more immovable real estates that are adjacent to each other and they are in possession of real estate. In the use, income, and disposal rights, each other requires the other party to provide the right to facilitate or accept restrictions. China's civil law has clear provisions on neighboring rights.
In the course of using the toilets of all their houses, the defendant suffered from water leakage, which caused the plaintiff to not use the house normally and infringed the rights of the plaintiff. It was therefore necessary to eliminate the obstruction instead of confronting the plaintiff. Adjacent house owners should take care of each other. Reasonably use the house and try to avoid interference with the normal life of the neighboring other party. This law recognizes and protects this right, promotes neighbors to care for each other, helps each other, cares for each other, facilitates each other, enables the healthy development of friendship and solidarity between neighboring people, and promotes long-term stability of the social order.
Release date:2015/1/4 15:04:14
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