Downstairs asked me to sign a water leakage compensation agreement

Unreasonable, once the water leak he should be compensated, you have no obligation to compensate. According to the provisions of the Property Law on the differentiated ownership of buildings, the use, income and disposal of the exclusive part of the owner must not harm the interests of others.

The use of the water pipes connecting the upper and lower floors is fully part of the "composite rights composed of the membership rights formed by the common relationship" in the differentiated ownership of the building, that is, it should be a joint use, and you have certain rights to the water pipes downstairs, and the water pipes downstairs are sawed without permission, which violates your rights, and you can demand "elimination of the impact", "restitution", "economic compensation", etc.

It is not a human factor, and if there is a water leak, you have to compensate the downstairs as the upstairs, so it is also your responsibility to write the agreement or not to write the water leakage. So there is no such thing as being reasonable or unreasonable, it's a lot of things downstairs! You can't change your things downstairs privately, you want to restore it downstairs, the agreement doesn't matter, if you want to write, you can write, if you don't write it, it's still what it said!

Provide free professional technical consultation for concrete waterproof leakage repair.

If your home is leaking and the downstairs suffers damage, both parties can sign a written compensation agreement, this compensation agreement is the result of mutual agreement, if the negotiation fails, you can refuse to sign.

When signing the compensation agreement, you need to pay attention to whether the downstairs is damaged due to a water leak in your home, and you can negotiate the amount of loss to the other party.

Downstairs sawed off the sewer pipe of your balcony??? Then it is a matter of course for downstairs to help you repair and restore the original condition. You don't have to sign any agreement, it's what you should do downstairs.

I don't know what logic is downstairs in your house. Besides, the sewer pipe on your balcony is broken, isn't the water going to leak to his house, he should be more urgent than you.

Balcony leaks can find obvious cracks and leakage points, and you can deal with them yourself.

If you don't plan, you don't dismantle, and the water leakage leads to disharmony in the neighborhood. An effective way to communicate should be able to resolve it.

Amazing Wealth Construction specializes in providing technical support for water leakage and mold problems.

The compensation agreement for water leakage from upstairs to downstairs is written as follows:

1. It is necessary for both parties to confirm the fact of damage;

2. Write down the year, month and day of the water leakage;

3. The description of the location and result of the damage, which can be covered;

4. The basic estimated value, the amount of compensation confirmed by both parties, and the method and time of payment of compensation;

5. Then write the words that the matter has been resolved since the payment, sign and handprint, and write the date.

The party damaged by water leakage can ask the quality inspection department of the house to make an appraisal report on the cause of water leakage in the house and how to make up the leakage; After identification, if it is the cause of the adjacent party, the adjacent party may be required to repair it immediately or in a timely manner on the basis of the report, and may request compensation from the adjacent party for the damage caused during the repair period. If the adjacent party does not cooperate, the injured party Tonghui can refer the dispute to the court. The compensation for water leakage from upstairs to downstairs is subject to the market ** at the time of the loss.

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

Article 1184:Where the property of others is infringed upon, the property losses are to be calculated in accordance with the market or other reasonable methods at the time the losses occurred.

Legal Analysis: Party A: Party B:

After joint negotiation between the two parties, Party A and Party B have reached the following agreement on the compensation for the water seepage on the roof of Party B caused by the water leakage of Party A's house due to the water leakage of Party A's house since the date: 1. For the watermark and water seepage of Party B's roof caused by the water leakage of Party A's house, Party A shall pay Party B a one-time maintenance fee of 1,000 yuan (excluding the cost of lost work, transportation, communication and cleaning fees required after maintenance for Party B's additional losses due to the handling of this matter). 2. Since the cause of the water leakage has not been ascertained by Party A, Party A must find a professional under the supervision of Party B to find out the cause of the water leakage and deal with it thoroughly, and at the same time ensure that the same water leakage problem will not occur because of this problem in the future, so that the matter can be concluded, otherwise the new losses caused by the hidden danger will still be compensated.

3. Party A performs the agreement.

1. Article 2 Compensation Obligation, Article 2 of the relevant agreement shall be carried out by Party A after Party A has identified and repaired the hidden dangers of the house, and Party B shall supervise and confirm that it is correct, the water leakage incident can be concluded. (Voluntary Withdrawal Agreement) 4. This agreement shall be executed in duplicate, one copy for each party, and shall come into force after being signed by both parties. Party A (Signed):

Party B (Signature): Witness (Signature): Year, Month and Date.

Legal basis: Article 1184 of the Civil Code of the People's Republic of China Where the property of others is infringed, the property loss shall be calculated in accordance with the market or other reasonable methods at the time of the loss.

Legal analysis: 1. Party B must exclude other causes of water leakage (such as pipeline reasons, other residents' responsibilities, etc.) before Party A's construction, otherwise it will bear all responsibilities.

2. Party A agrees to carry out waterproof treatment and sewer pipe inspection of the possible leakage on the floor of the house corresponding to the roof of Party B, and Party A will immediately notify Party B to cooperate with the experiment when the waterproof layer is completed and the waterproof test is carried out. If the roof of Party B does not leak, it must be signed in the blank space on the back of this agreement: Party B has confirmed that the waterproof test is successful, and all causes of Party A's water leakage that may cause Party B to leak have been completely ruled out.

The construction cost shall be borne by Party A.

3. The corresponding maintenance costs in Party B's house shall be borne by Party B.

4. Since the redo of ground and pipeline maintenance, if Party B has no responsibility for the relevant roof leakage problem after this redo, Party B shall not pursue any responsibility for this problem.

5. If Party B leaks water again, Party A shall cooperate in line with the principle of neighborhood harmony. Party B shall pay the cost of the construction project mentioned in Item 2 of this agreement, the cost of future maintenance and all losses.

6. This agreement shall be signed and sealed in duplicate at the agreed time, and shall take effect immediately after being signed and sealed.

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

Article 1165:Where the perpetrator infringes upon the civil rights and interests of others due to fault and causes harm, they shall bear tort liability. Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability.

Article 1166:Where the actor causes harm to the civil rights and interests of others, regardless of whether the actor is at fault or not, and the law provides that they shall bear tort liability, follow those provisions.

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.

1. Claim compensation from the upstairs tenant first, and if there is sufficient and sufficient evidence to prove that it is the developer's reason, the developer will compensate.

2. If the developer and the upstairs residents pass the buck to each other, they can estimate the amount of losses and negotiate with the upstairs residents, and if the negotiation fails, they should file a lawsuit against the two parties to determine the attribution of responsibility and make up for the losses suffered.

3. If the adjacent party does not perform the judgment of the court, the injured party can ask the construction team to repair it from downstairs, and the expenses incurred can be requested by the court to be compensated by the owner of the upper floor. Legal basis: Article 290 of the Civil Code provides that the owner of immovable property shall provide necessary facilities for the use of water and drainage by the adjacent right holder.

The use of natural flowing water shall be reasonably distributed among the adjacent rights holders of the immovable property. The discharge of natural flowing water shall respect the natural flow direction.