The upstairs neighbor runs the water, and the neighbor how to solve the water leakage upstairs

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.

Hello! This is a neighboring rights dispute. If there is a dispute between the two parties about the cause of the water leakage and the amount of compensation (the owner of the house should be found), the owner of the house can solve it through litigation, and then apply to the court to entrust an appraisal agency to identify the cause of the water leakage; After the appraisal results are confirmed, the relevant compensation matters can be carried out, or the party at fault can be required to rectify or repair the ...... within a time limitHowever, from a general point of view, the water leakage is mostly caused by the following two reasons: improper use and maintenance by the upstairs residents, and the disrepair of the main water pipes of the building.

In the first case, the upstairs must be liable, and in the second case, the building maintenance ** will be paid in advance. Improper decoration of the downstairs will generally only cause water leakage downstairs, but not water leakage downstairs.

This is a neighboring rights dispute, you don't have to find someone else, just go directly to the new owner of the house (property owner). If the two parties fail to reach an agreement, you can file a lawsuit directly with the people's court.

As long as there is water running to your house, you can go to the current user to claim compensation for the damage, because it is upstairs and has nothing to do with you.

If the upstairs neighbor's house is found to be leaking, the flooded householder should first negotiate with the upstairs owner to reach a consensus on the amount of compensation and other compensation matters to be obliged to pay him; If the two parties cannot agree on the negotiated amount, the flooded householder can file a lawsuit with the court to claim damages on the grounds that his rights and interests have been infringed.

Netizens asked: What should I do if there is a water leak upstairs? What is the best way to solve this problem?

How to fix a water leak upstairs? Lawyer's answer: First of all, the cause of water leakage should be identified, if the quality of the new house is unqualified, the developer will be responsible for repairing it during the warranty period; If it is caused by improper decoration and other faults on the upstairs, the upstairs is responsible for maintenance; If the warranty period of the house has expired and it belongs to the public part of the whole building, for example, the maintenance problem of the main sewer pipe needs to be repaired, and the public maintenance of the house is collected**, the property department shall apply for the use of maintenance**; If there is no public maintenance**, the common part shall be jointly borne by all homeowners; If there is a problem with the exclusive part of the upstairs group, the upstairs will still bear the cost according to the principle of fairness.

If a lawsuit is filed, an appraisal may be required to determine the cause of the water leak and the amount of damage. Pay attention to the preservation of the "Housing Quality Assurance Certificate", the payment receipt of the public maintenance of the house** and other evidence. After finding out the situation, if the cause of the upstairs water leakage is actually caused by the upstairs neighbor, the damaged owner can explain the situation to the upstairs or neighbors according to the situation he has mastered, and put forward a repair request and compensation for the damage caused to himself during the repair period.

If the upstairs neighbors do not cooperate or do not repair in time, the damaged owner can follow the relevant regulations: "The adjacent parties of the immovable property shall correctly handle the adjacent relationship in terms of water interception, drainage, passage, ventilation, lighting and other aspects in accordance with the spirit of conducive to production, convenient life, solidarity and mutual assistance, fairness and reasonableness." Where obstructions or losses are caused to neighboring parties, the infringement shall be stopped, the obstruction removed, and the losses compensated.

Take the dispute to court. When the upstairs neighbor ignores the court's decision, the injured party can first ask the construction team to enter the chaos or repair the bridge, and then demand compensation from the upstairs neighbor through the court in accordance with the relevant laws and regulations. In addition, when the upstairs neighbor does not take the initiative to compensate, the injured party can apply to the court for enforcement.

Other solutions to upstairs water leaksWhen you find that your upstairs is leaking, you can first find the community property and ask them to give advice, or let them go to the upstairs neighbors to negotiate and repair. It can also be assisted by community officials and the police. and should do a good job of collecting evidence such as taking pictures, videos, and messages, so that it can be beneficial after being sued to the court.

In addition, if it is a unit, you can find the unit to coordinate and solve it.

If the upstairs neighbor's house is found to be leaking, the flooded householder should first negotiate with the upstairs owner, Tong Mo Sui, to reach a consensus on the amount of compensation and other compensation matters to be obliged to pay him; If the two parties cannot agree on the negotiated amount, the flooded householder can file a lawsuit with the court to claim damages on the grounds that his rights and interests have been infringed.

1. Whoever is responsible for the leakage of water from the upper toilet to the lower floor?

The upper floor toilet leaks to the lower floor in the following cases: if it is the upstairs owner's fault, the upstairs owner is liable, and if there is sufficient and sufficient evidence to prove that it is the developer's cause, the developer is liable. The amount can be estimated according to the degree of damage suffered and the upstairs occupant can be negotiated, and if the negotiation fails, a lawsuit should be filed between the two parties to determine the attribution of responsibility and make up for the losses suffered.

The owner shall abide by the laws, regulations and management regulations, and the relevant behaviors shall comply with the requirements of resource conservation and ecological environment protection.

Second, how to divide the responsibility for people caused by falling objects from high altitudes.

1. The person who was smashed proves that he passed by the place and was injured by a falling object on the upper floor, thus completing his evidence. All that remains is for the owner to prove that he did not throw the object. If the person who fails to provide evidence or cannot find the actual throwing object, all the owners of the corridor shall be jointly liable for compensation.

2. If the house is rented, then the landlord and the tenant jointly compensate.

3. Is it illegal to ask me to dismantle the water meter if the water leakage upstairs has been modified?

It is illegal to leak water upstairs and not repair and dismantle the water meter. If the water leak upstairs is not repaired, the person concerned can also choose to call the police, and the police can find out the specific situation. If it is caused by other users, it shall be required to bear the liability for infringement; If it is a problem with the house itself, during the warranty period, the developer can be asked to bear the responsibility for repairs.

Article 1182 of the Civil Code.

Where property losses are caused by infringement of the personal rights and interests of others, compensation shall 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.

If there is a water leakage accident upstairs, you can negotiate with the owner of the upstairs or coordinate with the property and neighborhood committee to solve it, find out the cause of the water leakage, and then discuss the solution. If the water leakage is indeed caused by the upstairs owner, and the upstairs owner refuses to deal with and compensate, the downstairs owner can protect his legitimate rights and interests through legal means.

If there is a water leakage accident upstairs, it can generally be solved according to the following methods:

First, if it is identified that the water leakage is caused by the quality of the house not meeting the national standards, during the warranty period, the damaged owner can request the developer to repair the water leakage of the house and compensate the owner for the losses caused thereby. The construction unit shall, in accordance with the warranty period and warranty scope stipulated by the state, bear the warranty responsibility of the property. Under normal use conditions, the leakage prevention warranty period of toilets, kitchens and exterior walls with waterproof requirements shall not be less than 8 years.

Second, if the upstairs owner does cause the downstairs owner to leak water due to renovation or laying of water pipes, the upstairs residents should find out the cause of the water leakage and repair it in a timely manner, and should also be liable for the damage caused to the downstairs residents by their misconduct. Paragraph 2 of Article 106 of the General Principles of the Civil Law of China stipulates: "Citizens and legal persons who infringe upon the property of the state or the collective, or the property or person of others due to their fault, shall bear civil liability.

Article 92 of the Property Law stipulates that: "Where an owner of an immovable property uses an adjacent immovable property for the purposes of water, drainage, passage, laying pipelines, etc., it shall try to avoid causing damage to the owner of the adjacent immovable property; Where damage is caused, compensation shall be given. ”

Third, if water leakage is caused by the natural aging of the waterproof materials of the house, the owners of the upstairs and downstairs should jointly bear the maintenance responsibility of the common part. Article 20 of the Measures for the Administration of Special Residential Maintenance Funds stipulates that "the cost of maintenance, renewal and renovation of common parts of residential buildings and common facilities and equipment shall be apportioned in accordance with the following provisions:

1) The cost of maintenance, renewal and renovation of common parts and common facilities and equipment between commercial residences or between commercial residences and non-residential buildings shall be shared by the relevant owners in accordance with the proportion of the construction area of the property owned by them. ”

1.If the cause of water leakage is caused by the quality of the waterproof project of the house, and it is still in the warranty period, you can find the developer to repair it and ask for compensation liability, and if you do not repair it, you can go to the urban renewal bureau to complain. If it is not a problem of the quality of the house, the infringer can only be required to compensate for the loss.

You can first find the neighborhood committee for mediation, and if the mediation fails, you can go to the court to file a lawsuit. Evidence of infringement damage shall be kept in a timely manner. The statute of limitations is two years.

2.Regulations on the Quality Management of Construction Projects

Article 41 If a quality problem occurs within the scope and duration of the warranty of the construction project, the construction unit shall perform the warranty obligation and bear the liability for compensation for the losses caused.

Article 66 In violation of the provisions of these Regulations, if the construction unit fails to perform the warranty obligation or delays the performance of the warranty obligation, it shall be ordered to make corrections, impose a fine of not less than 100,000 yuan but not more than 200,000 yuan, and shall be liable for compensation for the losses caused by quality defects during the warranty period.

Tort Liability Law

Article 6: Where actors infringe upon the civil rights and interests of others due to their fault, they shall bear tort liability. Where it is presumed that the actor is at fault in accordance with the provisions of law, and the actor cannot prove that he is not at fault, he shall bear tort liability.