Can a neighbor install an anti theft door to occupy a public walkway, can he request to remove it?

OK. Article 84 of the Property Law of the People's Republic of China stipulates that the adjacent rights holders of immovable property shall correctly handle the adjacent relationship in accordance with the principles of conducive to production, convenient life, solidarity and mutual assistance, fairness and reasonableness. Article 35 of the Law stipulates that if the property right is or may be obstructed, the right holder may request that the obstruction be eliminated or the danger eliminated.

Article 70 of the Law stipulates that the owner shall have the right of ownership of the exclusive part of the building, such as residential and commercial buildings, and shall have the right of co-ownership and joint management of the common part other than the exclusive part.

The ownership of the owners of the houses in the apartment complex is a special kind of composite real estate ownership, including the exclusive right to the exclusive part, the common right to the common part and the management right arising from the common ownership relationship, which together form an indivisible whole. For the common parts of the building, they should be jointly used and managed by the co-owners. The common parts include:

The basic structural parts of the building, such as pillars and roofs; common parts and appurtenances of buildings, such as staircases, elevators, corridors; It is only a common part that is common to some owners, such as floor slabs between floors.

According to the information stated in the letter, it is understandable that your neighbor has installed an anti-theft iron door outside the door of his house in order to maintain the safety of his person and property in his house, but if he moves the anti-theft iron door forward, if it affects your passage in the shared walkway and the use of the shared walkway, it constitutes an adjacent obstruction, and you can negotiate with the other party to ask him to remove or move the security door. If negotiation is not possible, you can file a neighbouring dispute lawsuit and ask the court to order your neighbor to take measures to remove the obstruction, such as removing the anti-theft iron door that was moved forward and restoring it to its original state, so as to protect your rights. Residents living in old apartment buildings, because of the congenital deficiencies of the building structure and the contradiction between the residents' desire to improve the quality of life are becoming increasingly prominent, they should understand each other and live in harmony when dealing with adjacent relationships, and jointly create a harmonious living soft environment under the premise that the living hardware cannot be improved temporarily.

Property Law of the People's Republic of China

Article 35: Where a real right is obstructed or may be obstructed, the right holder may request that the obstruction be removed or the danger eliminated.

Article 70 The owners enjoy ownership of the exclusive parts of the building, such as residential and commercial buildings, and enjoy the right of joint ownership and joint management of the common parts other than the exclusive parts.

Article 71 The owner shall have the right to occupy, use, benefit from and dispose of the exclusive part of his building. The exercise of the rights of the owner shall not endanger the safety of the building and shall not harm the legitimate rights and interests of other owners.

Article 84: Owners of adjacent rights to immovable property shall correctly handle adjacent relationships in accordance with the principles of conducive to production, convenience of life, solidarity and mutual assistance, and fairness and reasonableness.

Summary. Hello dear, I'm honored to answer your <>

According to your question "Neighbors occupy two public areas and private gates can be demolished", the following is the result of my analysis for you from a legal perspective: occupying public areas is an illegal construction behavior, which should be decided by the county-level people, and compulsory demolition shall be carried out by urban construction or urban management bureaus and other organs.

Can the neighbors occupy two public areas and have private gates removed?

Hello dear, it is my honor to answer the <> for you

According to your question "Neighbors occupy two public areas and the private gate can be demolished", the following is the result of my analysis for you from a legal perspective: Occupying public areas is a concurrent failure to illegal construction, and the county-level people should make a decision, and the urban construction or urban management bureau and other organs shall implement compulsory demolition.

Hello Dear: Legal Analysis: You can sue the court to ask the neighbor to demolish the illegal building, remove the obstruction, and restore the original state.

Legal basis: "Administrative Coercion Law of the People's Republic of China" Article 44 Where illegal buildings, structures, facilities, etc. need to be compulsorily demolished, the administrative organ shall give a notice to the public state, and the parties concerned shall demolish it within a time limit. Where a party does not apply for administrative reconsideration or initiate an administrative lawsuit within the statutory time limit, and does not demolish it, the administrative organ may compel the demolition in accordance with law.

1. Since it is a public passage, it is illegal for your neighbor to occupy it exclusively, which infringes on your right of way;

2. After your neighbor installs an anti-theft door in the public passage, it has affected the ventilation and lighting rights of your kitchen, which is also an infringement;

3. Since the relationship between the two parties has become deadlocked, it is recommended to take the legal bureau to solve the problem, and request that the other party be ordered to stop the infringement, remove the obstruction, and compensate for the loss;

4. Because the other party's infringement has been continuing, you can claim the loss in 7 years, but the specific calculation will be very troublesome;

5. Because it is a neighborhood relationship, it is recommended that even if it is resolved through the legal way, it is best to negotiate and solve it on the basis of mutual understanding and mutual concession, after all, distant relatives are not as good as close neighbors, and the establishment of a harmonious neighborhood relationship is the most important.

If the door is open outward, it is not possible to confirm whether it is reasonable or unreasonable alone, and if it affects others, there are three ways to solve this situation:

1.Talk to your neighbor about changing the direction of the door, or something else.

2.Ask the community to mediate and discuss the direction of the door.