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It is best if the neighborhood can be resolved through negotiation, and the lawsuit will also bear the relevant litigation costs, after all, you can't see you when you look down.
If your neighbor continues to behave and seriously disrupts your normal life and work, you can collect relevant evidence and sue the court directly and request compensation!
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Article 84 of the Property Law The owner of adjacent rights of immovable property shall correctly handle the adjacent relationship in accordance with the principles of conducive to production, convenience of life, solidarity and mutual assistance, fairness and reasonableness.
Article 90: Holders of immovable property rights must not dispose of solid wastes in violation of state provisions and discharge harmful substances such as air pollutants, water pollutants, noise, light, and electromagnetic radiation.
The other party's behavior is suspected of violating your neighboring rights. Therefore, you can sue him for violating your neighbouring rights.
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You can go to court and sue him that he has violated your neighboring rights. When you knock again, you make an audio or video recording, and ask your neighbors to testify. However, it's not good for the neighbors to be too stiff, so whether you can sit down and talk with a friendly person is probably the best way.
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You and your neighbor are in a legal relationship of neighboring rights.
Like this one.
You can only negotiate well with your neighbors.
If you really can't do it, go to the court for mediation.
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Since the neighbor didn't admit it, it was estimated that he didn't want to do it subjectively, so he still thought in a good direction.
If the situation is really as you mentioned, the neighborhood committee should have a good talk with you upstairs and downstairs, and it shouldn't be too difficult to solve.
In particular, don't be too discouraged at this time, as long as everyone respects each other, the problem should be solved.
Besides, calling the police and prosecuting do not have much effect, and it can be proved in time, but the big deal is just persuasion and education, which still will not have any effect, it is better to ask the people of the neighborhood committee to help persuade and persuade.
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It's not realistic to call the police all the time, and it doesn't solve the real problem.
Even if you have proof, what can you do with him? At best, it is preachy and preachy, and the effect is average.
It's better to be a neighborhood committee, this matter is a matter of feelings, unless he understands you psychologically and can be more tolerant. Otherwise, it's no fun.
It's a bit like the scene in "Friends", where the uncle who lives alone downstairs is a bit neurotic, always complaining, and often knocking on the roof. Later he died.
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Neighborhood Committee: If it doesn't work, call the police.
Call the police as soon as you hear more in your home than you normally can say.
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Disputes between neighbors should be resolved by the sub-district office and village community officials.
The specific resolution of disputes between neighbors is as follows:
1. Disputes between neighbors can be resolved with the sub-district office and village cadres first;
2. If the cadres of the sub-district office and the village community fail to mediate well, they can find the local police station to solve the problem;
3. The above methods are all resolved, and a lawsuit can be filed with the court.
There are four ways to resolve civil disputes:
1. Reconciliation. That is, the parties themselves negotiate a settlement. The parties are the subject of civil disputes, and they have full power to dispose of the disputed matters. It is up to the parties to decide whether to exercise the power of disposition, when to exercise the power of disposition, and in what manner to exercise the power of disposition;
2. Mediation. A third party other than the parties to the dispute communicates information between the parties to the dispute in accordance with certain social norms (customs, morals, laws, etc.), presents facts and reason, and promotes mutual understanding and compromise between the parties to the dispute, so as to reach an agreement on the final settlement of the dispute;
3. Arbitration. Arbitration refers to the method of mediating civil disputes and making certain legal documents to settle conflicts under the auspices of the arbitral tribunal and with the participation of both parties to the civil dispute in accordance with the law. Arbitration is civil in nature and is based on the agreement of the parties.
Submission to arbitration must be subject to the consent of the parties, failing which the arbitral proceedings cannot be commenced;
4. Litigation. Compared with mediation, self-pacification of the parties, unit (or department, community) handling and arbitration mechanisms, civil litigation is a form of public remedy and has special legal compulsion. Civil litigation is the most effective means for the state to deal with civil disputes.
Legal basis
Civil Procedure Law of the People's Republic of China
Article 119:Prosecution must meet the following requirements:
1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;
2) There is a clear defendant;
3) There are specific litigation claims, facts, and reasons;
4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.
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The ways to resolve disputes over neighboring relationships are conciliation, negotiation, arbitration, and litigation. The two parties shall settle privately in accordance with the principle of mutual cooperation and taking into account interests, and if the settlement fails, they may request a third party to negotiate and settle the settlement; If the negotiation fails, it shall be submitted to the designated institution for arbitration from the perspective of being conducive to the effective and reasonable use of property, production and life; If the arbitration is still not resolved, a lawsuit may be filed in the people's court.
Neighboring rights disputes can be resolved through conciliation, negotiation, arbitration, and litigation.
Disputes between neighbors can be resolved by vague means:
1. The two parties shall settle privately in accordance with the principle of mutual cooperation and taking into account interests;
2. If the settlement fails, it can be submitted to a third party for negotiation and settlement;
3. If the negotiation fails, it shall be submitted to the designated institution for arbitration from the perspective of being conducive to the effective and reasonable use of property, production and life;
4. If the arbitration is still not resolved, a lawsuit may be filed in the people's court.
The basic procedures for arbitration are as follows:
1. The parties apply for arbitration and submit the arbitration agreement, arbitration application and a copy thereof;
2. After the constitution of the arbitral tribunal, CIETAC shall notify the parties in writing of the constitution of the arbitral tribunal;
3. Carry out **;
4. Mediation before making a ruling;
5. If mediation fails, a ruling will be made.
The basic procedures of the proceedings are:
1. Filing a lawsuit and submitting a complaint to the case filing division of the court with jurisdiction;
2. If the court files the case for review and meets the conditions for filing the case, the person shall be notified to pay the litigation fee within 7 days, and the case shall be filed after the fee is paid;
3. After the court accepts the complaint, the court shall serve a copy of the complaint on the other party within 5 days, and the other party shall make a reply within 15 days; notify the parties to exchange evidence; Based on the application of the parties, a ruling on property preservation may be made and enforcement shall begin immediately;
4. Scheduling**, notify the parties of the time, place and undertaker 3 days in advance; Cases that are tried in public are to be announced 3 days in advance;
5. **Trial.
Disputes between neighbors should be resolved by the sub-district office and village community officials.
The specific resolution of disputes between neighbors is as follows:
1. Disputes between neighbors can be resolved with the sub-district office and village cadres first;
2. If the cadres of the sub-district office and the village community fail to mediate well, they can find the local police station to solve the problem;
3. The above methods are all resolved, and a lawsuit can be filed with the court.
1. Resolve the issue through friendly consultation. 2. Resolve the matter through various mediations. 3. Solve the problem through the police station.
Many people usually go to the police station to solve the problem after encountering a neighborhood dispute, and the public security department will make a corresponding decision based on the actual failure and nature of the dispute, in accordance with the relevant provisions of China's "Public Security Administration Punishment Law". 4. Conduct civil litigation to resolve.
Legal basis
Article 288 of the Civil Code of the People's Republic of China: 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.
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If you think that you are just doing normal activities at home, but downstairs you say that you are loud, then I think it is better to talk about fiber no matter how much you want to try it yourself. You can simulate the scene and see if it's really loud.
If the voice is loud, then pay more attention in the future, if the voice is very small, the other party thinks that the noise is because the other party is more sensitive, then you can negotiate with the other party. After all, living on the upper and lower floors of the same building, you always have to be tolerant and considerate of each other, and if neither of you is willing to give in, then the final result can only be a lose-lose situation.
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First: Rites come first. Before you are ready to build a house, visit your neighbors on all sides and inform them that you want to build a house. Ask your neighbors if they have any requirements, and you can raise them in advance to negotiate a solution.
Second: the most important thing is to build the house. Now building houses, many of them are working in the city, and they are building houses in their hometowns, and the time is very tight.
If there is a conflict with the neighbors, it is not advisable to find a way to solve it, make appropriate concessions, and build the house as soon as possible, instead of being unforgiving, quarrelling, or even doing something. For modern people, time is money.
Third: borders. The root cause of the contradiction in building a house is caused by unclear boundaries. It is often the parties who feel that all parties are justified, resulting in a situation where they do not give in to each other. In fact, if you understand the boundaries of your homestead, you will avoid contradictions.
When building a house, many people think that as long as I am on my own place, I can build it casually, for example, my homestead is ten meters, then my house will be built ten meters. This is not going to work, and the neighbors will definitely not agree because you have taken up someone's space.
Fifth: Then some people are puzzled, I built on my own homestead, why did I occupy his place? You have to set aside a "drip" for your house, which means that when it rains, your house will flow downward, and if you build it all over the border, then this water will flow to other people's places.
Therefore, you have to set aside this drip for yourself, and you can't let the rain from your own house get into someone else's house. The reason why there is a sandwich between the two houses is that they are reserved for dripping space between each other.
Sixth: the house to dig the foundation, this foundation can not be directly excavated from the edge, most of the foundation below the second floor is needed to enlarge, such as the bottom is fifty Tuanhu, you dig directly from the side to dig to other people's places, and you are below the fifty walls, will also go to other people's places, so you have to reserve this space.
Seventh: Under normal circumstances, it is three changes, the bottom fifty walls, the upward three seven, and the ground two or four. Fifty and thirty-seven are all under the ground, although they are under the ground, they also have to be in their own place, such a space is reserved, which just echoes the dripping water above, whether it is underground or in the air, it is in their own place, so that there will be no disputes.
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01. Try to communicate: If the neighbor is careless or too noisy and has little time, you can try to come to the door to communicate, reasonably express your demands, seek the understanding and respect of the neighbor, and consciously keep quiet.
02. Property coordination: If the communication is ineffective, you can go to the community property to complain to the neighbors, and ask the property to coordinate the conflict and protect your legitimate rights and interests.
03. Communication with the police: If the property is still unable to communicate, and the neighbors continue to make noise, they can seek the police in the community to help coordinate, and ask the neighbors to maintain a reasonable quiet.
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Legal analysis: Disputes between neighbors can be resolved by the sub-district office and village community cadres first. If the cadres of the sub-district office and village community fail to mediate well, they can find the local police station to solve the problem, but if the solution is not good, they can file a lawsuit with the court; Specifically, the cadres of the sub-district office and the village community, then the local police station, and finally the court.
Legal basis: Article 21 of the Civil Procedure Law: The people's court at the place where the defendant is domiciled has jurisdiction over civil lawsuits brought against citizens; Where the defendant's domicile is inconsistent with the defendant's habitual residence, the people's court for the habitual residence has jurisdiction. The people's court for the defendant's domicile has jurisdiction over civil litigation initiated against legal persons or other organizations.
Where the domicile or habitual residence of several defendants in the same litigation is in the jurisdiction of two or more people's courts, each people's court has jurisdiction.
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