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With the improvement of people's living standards in our country, many of our families have extra money, and at this time they will think of buying a house first, so that the family can have a warm home. But when we are decorating a new house, we all know that the load-bearing wall cannot be moved when decorating, because the load-bearing wall is the main load-bearing body that bears a house. If it is changed at will, the foundation of this house will be damaged.
In fact, there are several places in a house, which we cannot change at will when decorating, such as the sewer pipe, because the sewer pipe has fixed its position when the house is built. If you change the direction of the sewer pipe at will, it may lead to serious water leakage, affecting your home or the owner of the downstairs. This will cause a certain degree of economic loss to yourself or others.
Recently, there was a news report that the upstairs neighbor was accused of going to court for renovation and sewer pipes, what legal issues are involved in this matter? The cause of the incident was that Lin changed the sewage pipe without authorization in the process of renovating his own house, which led to the backflow of the sewer pipe in the downstairs owner Zhang's house, and later because the two parties did not reach an agreement through negotiation, Zhang sued Lin to the court for compensation. During the period, Zhang also received the ** of the property of the community, by the water seeping out from the corner of his house to the staircase, Zhang rushed back to the house and found that there was sewage everywhere, and his furniture was all soaked in the sewage, and later found out the reason, the sewage gushed out from the bathroom of the second bedroom, and later called the maintenance staff to judge that the main row under the house felt that there was an elbow in the pipe.
Later, the property management personnel intervened in the investigation, but the owners of the alliance downstairs have always refused to cooperate, so every time they have been rejected with the alliance classroom. Later, Zhang sued the local court, requesting the court to order Lin to restore the sewer pipe, apologize to him, and compensate for the economic loss of more than 10,000 yuan. <>
Based on the court's opinion after the trial, the facts of the first-instance judgment were clear, the evidence was credible and sufficient, and the law was correctly applied, and the final judgment was made not long ago, and the appeal was rejected and the original judgment was upheld. Lin also violated Article 83 of the General Principles of the Civil Law of the People's Republic of China, which stipulates that the parties adjacent to the immovable property shall correctly handle the adjacent relationship in terms of drainage, passage, ventilation, lighting and other aspects in accordance with the spirit of conducive to production and convenient life, solidarity and mutual assistance, fairness and reasonableness, and if it causes obstruction or loss to the adjacent party, the infringement shall be stopped, the obstruction shall be eliminated and the loss shall be compensated. Therefore, after this incident, all our owners must be cautious when decorating their houses.
Don't cause financial losses to others because of your own renovation, which will also bring unnecessary trouble to yourself.
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It is a deliberate destruction of public facilities. Seriously constituted the crime of intentional destruction of public or private property. Underground pipelines are public facilities, owned by all owners or streets, and single-family owners have no right to cut off without permission, which infringes on the legitimate rights and interests of other owners or residents, affects the urban building structure or street structure, and hinders the adjacent relationship.
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Disputes between neighbors, unauthorized alteration of pipes and property damage, whether compensation is required.
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After the court learned of the situation, it immediately asked the defendant to apologize to the plaintiff, compensate the plaintiff for economic losses, stop the infringement and be responsible for restoring the original state of the drainage pipe, which attracted the attention of many netizens on the Internet after the incident.
Nowadays, the times are constantly developing, people's quality of life is getting higher and higher, for most people choose to move from the countryside to the city, because the city not only has better medical resources, but also can help their children to provide a better educational environment, so in the process of buying a house and decorating, it can be seen that the defendant has caused great damage to the plaintiff's property, if it cannot be dealt with in time, it will also seriously affect the plaintiff's normal life.
The upstairs neighbor renovated and tampered with the sewer pipe, and the defendant went to court.
Ms. Li bought a residence on the 4th floor in the Boyue Mansion Community, Fengman District, Jilin City, but what she didn't expect was that the owner of the 5th floor contacted him last year and said that he was renovating and needed to implement the waterproof effect, because Ms. Li was out of town and could not go back, so she chose to bring the key to the owner upstairs. When she returned to her new house, she found that the ceilings of the bathroom and kitchen of her new house had changed greatly, and Ms. Li had now entrusted a lawyer to file a lawsuit with the local court in Jilin City.
How did the court decide the case?
According to the Civil Code, the Administrative Measures for Residential Interior Decoration and Decoration and other rules, in this case, if the upstairs residents need the assistance of the downstairs residents for testing leakage prevention, overhaul and decoration, etc., the downstairs residents should provide necessary conveniences, but the upstairs residents should avoid causing damage to the downstairs. After the trial, the court found that the defendant needed to compensate the plaintiff for economic losses of 10,000 yuan, and at the same time, the property company also needed to make certain compensation to the plaintiff because of the liability for improper supervision in this incident.
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The court ordered the upstairs neighbor to change the fruit because he had changed the sewer pipes without permission, which was easy for the residents on the lower floors to flood.
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The court's judgment was that the defendant had to compensate the plaintiff, and the court's judgment was really fair.
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mentioned "trespassing on private houses"."Intentional damage to public or private property"The two charges are obviously not established, and your one obviously does not fall within the scope of criminal offenses, but is a civil dispute.
If the parties cannot reach an agreement, you can sue the people's court to remove the nuisance, restore the original state and compensate for the damages, because your upstairs neighbor has infringed on you.
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The lawyer agrees with you, but should also ask the judge to be sure.
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This... Very... The situation is very favorable for you.
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If you can talk to the neighborhood committee and the other party once, but if the negotiation fails, you can appeal to the court, and the neighborhood will pay attention to the neighbors, and the property right unit of the house will repair the sound insulation of the house.
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The upstairs and downstairs neighbors do not provide heating, and if you want to prevent the neighbors from rubbing the heat, you must negotiate with the property and let the property staff cut the heating pipes upstairs and downstairs.
It is best to meet politely, raise this kind of problem face to face, and tell them euphemistically: because the parents do not sleep well, because this inadvertent sound affects the rest of the parents, and they are worried that the body will not be able to bear it, and there will be problems. Anyone who is kind will be moved by your parents' physical behavior, so be careful in the future. It's much better than the way to write a note and stick it to someone's door.