If the upstairs is flooded and the downstairs is flooded, how should I claim compensation?

According to Article 86 of the Property Law and the newly promulgated judicial interpretation, the principles for dealing with the relationship between adjacent drainage and dripping water in China's judicial practice are: If the adjacent party must use the land of the other party for drainage, it shall be permitted; However, the drainage shall be used within the necessary limits and appropriate protective measures shall be taken, and if the loss is still caused, the beneficiary shall reasonably compensate for it. If the adjacent party may take other reasonable measures to drain water but fails to do so, and the drainage of water into the land of the other party damages or may damage the property of others, and the other party requests that the victim stop the violation, eliminate the danger, restore the original state, or compensate for the losses, it shall be supported.

From the perspective of your problem, negotiation is the first priority, and the adjacent party, i.e., the upstairs resident, is required to solve the drainage problem and compensate for certain losses; If the negotiation fails, the court may be resorted to.

Thank you, I'm a law student, and I hope to give you a little advice.

Compensation is first claimed from the upstairs tenants, and if there is sufficient and sufficient evidence to prove that it is the developer's cause, the developer will compensate.

If the developer and the upstairs occupant blame each other, you can negotiate with the upstairs occupant based on the extent of the loss, and if the negotiation fails, you should file a lawsuit against both parties to determine the attribution of liability and make up for the losses suffered.

If the adjacent party does not comply with the court's judgment, the injured party can ask the construction team to repair it from the downstairs, and the expenses incurred can be claimed by the court for compensation from the owner of the upper floor.

The legal basis is Article 83 of the General Principles of the Civil Law: if an obstruction or loss is caused to an adjacent party, the infringement shall be stopped, the obstruction shall be removed, and the loss shall be compensated.

When dealing with disputes over adjacent damages, the problem of determining losses is often encountered. For some items that are obviously of little value, but are indeed damaged, the litigation cost of valuing the value may be much greater than the loss of the goods themselves. There are also some items that are not willing to be identified and assessed by professional institutions as to whether the damage is caused in the infringement, which makes it difficult to ascertain these facts.

It would be unfair not to support the loss on the ground that the parties did not provide the basis for the loss. On the premise of confirming the scope of compensation, the specific amount of losses shall be determined as appropriate, taking into account the judge's life experience and existing relevant evidence, and fully considering the principle of fairness and reasonableness. For matters that truly require evaluation, if the parties do not submit an application or do not pay the evaluation fee in advance within the time limit designated by the people's court, they may bear the consequences of failing to present evidence in accordance with the provisions of paragraph 2 of article 25 of the Supreme People's Court's "Several Provisions on Evidence in Civil Proceedings".

After discovering a water leak, the injured party should first protect the scene and fix the evidence. If you can do it on the spot, it is the best, and then you can shoot**, etc. Secondly, for the scope of loss, we recommend that enterprises with assessment qualifications, such as ** certification centers, go to the site for assessment.

After the above formalities are completed, it is appropriate to file a lawsuit with the court.

Of course, after an incident occurs, it is most effective for neighbors to be considerate of each other and solve the problem properly. As the injured party, we can understand the feelings, but we also oppose ignoring the facts and asking for a sky-high price, which is often not conducive to solving the problem, and at the same time, it is not in accordance with the law.

For the loss caused by the water run, the upstairs can be required to pay civil compensation. If the negotiation fails, you can file a lawsuit directly with the court.

The issue of adjacency of property rights. First of all, it is necessary to find out the cause of the water leak, who caused it and who bears it. Upstairs should actively cooperate in finding the cause.

If it is caused by improper use of the upstairs or unauthorized alteration or decoration, the upstairs will definitely be held responsible.

It depends on whose responsibility it is, you can look for the upstairs if it is man-made, it is not the human factor, you can go to the property developer.

The two parties may first negotiate compensation, and if the negotiation fails, they may file a lawsuit with the court, and the infringer shall compensate the victim for the property loss and the cost of remediation.

Legal basis. Civil Code of the People's Republic of China

Article 295: Owners of immovable property rights shall not endanger the safety of adjacent immovable property by excavating land, constructing buildings, laying pipelines, installing equipment, etc.

Article 296:Where the owner of immovable property rights uses adjacent immovable property for the purposes of water, drainage, passage, laying pipelines, etc., it shall try to avoid causing harm to the adjacent immovable property rights holders.

Article 1167:Where the tortious conduct endangers the safety of others' persons or property, the infringed party has the right to request that the infringer bear tortious liability such as stopping the infringement, removing obstructions, or eliminating dangers.

Article 1182:Where the infringement of the personal rights and interests of others causes property losses, compensation is to be made in accordance with the losses suffered by the infringed party or the benefits obtained by the infringer as a result; Where it is difficult to determine the losses suffered by the infringed party and the benefits obtained by the infringer as a result, and the infringed party and the infringer disagree on the amount of compensation and file a lawsuit with the people's court, the people's court shall determine the amount of compensation based on the actual circumstances.

Legal analysis: For the issue of compensation for the flooding of the upstairs and downstairs, China's law does not clearly stipulate that the two parties to the compensation issue can negotiate first, and if the negotiation fails, they can file a civil lawsuit with the people's court, and then the infringer is responsible for repairing it, or the infringer pays the repair costs after repairing it himself.

Legal basis: Article 295 of the Civil Code of the People's Republic of China.

The owner of the immovable property shall not endanger the safety of the adjacent immovable property by excavating land, constructing buildings, laying pipelines, installing equipment, etc.

Article 296.

Where the owner of immovable property rights uses adjacent immovable property for the purposes of water use, drainage, passage, laying pipelines, etc., it shall try its best to avoid causing damage to the adjacent immovable property rights holders.

Article 1167.

Where the tortious act endangers the safety of the person or property of others, the infringed party has the right to request that the infringer bear tortious liabilities such as stopping the infringement, removing obstacles, and eliminating dangers.