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Neighbors build houses caused by the cracking of their own house walls, the phenomenon of ground settlement, on the Internet has also aroused the attention of many people, you know, for this phenomenon is also very angry, but also hope that some people can make a certain vigilance against this phenomenon, after all, for today's neighbors to build this kind of behavior is also common, but also hope that some neighbors must plan this kind of thing in advance on the way to build a house, to avoid a certain impact on others, Legally, this neighbor should also be compensated accordingly. <>
According to the relevant ** report, there is now a case, a neighbor on the way to build a house caused a large area of cracking in the wall of other people's houses, and the ground has also subsided, which has also aroused the attention of many people. <>
Some netizens also made their own opinions and opinions on this phenomenon, and some netizens believe that for this phenomenon, the neighbor should also make a certain amount of compensation to the owner, after all, it is due to their own irrational judgment or a series of operations that have led to the settlement of this kind of house, and the phenomenon of cracking on the wall, and I hope that this matter can also trigger a series of thoughts. <>
When you build or modify the house, you must make a certain investigation into the construction of this kind of house, and then make this decision, you must know that for some houses today, they are all connected or connected, and you can have a certain transformation of your own house, but you must first make a certain assessment when renovating, so as to avoid causing certain losses to the property of others, so that the gains outweigh the losses, and you will also have to suffer a series of compensation.
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The damage to the house, as well as the repair loss, should be compensated, and this situation is really very serious.
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For Zhang's family, as the owner of their own house, in the process of exercising their ownership rights, they have the right to require all neighbors, including Dai Mouwu, not to infringe on the exercise of their rights, such as not to make noise, not to affect their ventilation and lighting, not to arbitrarily block their legal passage, and so on;
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It may be necessary to have a good compensation, and through such compensation, it is to improve the benefits of everyone having this.
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You can find a third party to appraise, and the actual cost of repairing the house will be paid by the neighbor.
Article 83 of the General Principles of the Civil Law The adjacent parties to immovable property shall, in accordance with the spirit of conducive to production, convenience of life, solidarity and mutual assistance, fairness and reasonableness, correctly handle the adjacent relationship in areas such as water interception, drainage, passage, ventilation and lighting. Where obstructions or losses are caused to neighboring parties, the infringement shall be stopped, the obstruction removed, and the losses compensated.
Article 106:Where citizens or legal persons violate contracts or fail to perform other obligations, they shall bear civil liability.
Citizens and legal persons who, through their fault, infringe upon the property of the state or collective, or infringe upon the property or person of others, shall bear civil liability.
Where there is no fault, but the law provides that civil liability shall be borne, civil liability shall be borne.
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Case: Chen's house was built in October 1989 with two floors. Chen said that after the house was completed and moved in in 1991, it was in good condition.
On November 25, 1995, Chen's neighbor Wang obtained a building permit issued by the relevant department, and Wang was approved to rebuild the house into four and a half floors.
Chen believes that after Wang demolished the old house and expanded it, the roof and walls of his house began to gradually appear cracks, cracks, house tilting and ground subsidence and other damage to different degrees.
In October 2016, after the appraisal of the building appraisal and testing company, it was believed that the main reasons for the eastward inclination, the ground subsidence on the east side, the east high and west low on the east side of the north wall of the house, and the vertical cracks were caused by Wang's house.
After that, Chen said that he wanted to negotiate with Wang many times on the issue of compensation for the damage to the house, but he ignored it. In order to protect his legitimate rights and interests, Chen filed a lawsuit with the Chancheng Court in April 2017;
It is requested that Wang be ordered to pay him the cost of repairing the damage to the house, the judicial appraisal fee, and the loss of the house that he could not live normally during the restoration of the house involved in the case, and the house was vacant and the house was rented separately, totaling RMB 200,000.
During the trial, Chen proposed to conduct a judicial appraisal of the restoration plan and repair costs of the house involved in the case. Later, Chen and Wang chose to conduct a judicial appraisal by a testing and appraisal ****, and the damage repair cost of the house involved in the case was identified as yuan. Chen paid an appraisal fee for the above-mentioned appraisal.
The neighbor's expansion of the house caused the walls of his house to crack, and the Foshan man claimed 200,000 yuan! )
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Summary. Hello, I'm glad to answer for you The following factors need to be specifically considered to determine the amount of compensation: Degree of damage:
Determine the specific extent and scope of impact of wall cracking and ground subsidence. If it is only a minor damage, the amount of compensation will be lower; In the case of serious structural damage, the amount of compensation will be higher. Cost of Repair:
Find out how much it costs to repair damage to your home. This involves having an engineer assess and provide a repair plan, and determine the amount of compensation based on it. If you can't negotiate a settlement with your neighbors, you'll need to resort to legal proceedings.
During this process, the court will make a judgment based on relevant evidence and legal basis and determine the appropriate amount of compensation. For example, if the loss of 10,000 yuan is appraised and repaired, the compensation of more than 10,000 yuan can be negotiated according to the appraisal results.
The neighbor's building of a house cracked the walls of my house and caused the ground to sink. How much should you lose.
Dear Hello, I'm glad to answer for you To determine the amount of compensation, the following factors need to be considered: Degree of damage: Determine the specific degree and scope of impact of the cracking of the wall and the sinking of the ground Ludong orange.
If it is only a minor damage, the amount of compensation will be lower; In the case of serious structural damage, the amount of compensation will be higher. Cost of repair: Find out how much it will cost to repair damage to your home.
This involves having an engineer assess and provide a repair plan, and determine the amount of compensation based on it. If you can't negotiate a settlement with your neighbors, you'll need to resort to legal proceedings. During this process, the court will make a judgment based on relevant evidence and legal basis and determine the appropriate amount of compensation.
For example, if the loss of 10,000 yuan is appraised and repaired, the compensation of more than 10,000 yuan can be negotiated according to the appraisal results.
The liability between neighbors is assessed in accordance with the following laws and regulations: Law of the People's Republic of China on Liability for Torts: This law provides for civil liability and compensation in the event of a tort.
Under the law, if a neighbor's construction activity causes damage to your home, they will be liable for damages.
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Summary. If the house is temporarily uninhabitable due to the cracked wall of the house, which leads to safety problems in the house, the other party can also be asked to bear the loss of the rented house.
The neighbor's building of a house cracked the walls of my house and caused the ground to sink. How much should you lose.
Hello, for the specific amount of damage to the wall and the repair of the ground subsidence, it is generally necessary for a professional organization to identify.
You can also consult with a local repair company about how much the repair will cost, and then negotiate with the other party.
It is recommended that in this case, the police should be reported to fix the evidence, and the property should come forward to mediate to determine the fact of infringement by the other party.
If the house is temporarily uninhabitable due to the cracked wall of the house, which leads to safety problems in the house, the other party can also be asked to bear the loss of the rented house.
The situation is not very serious, I would like to know how much compensation can be made.
Dear, this needs to be analyzed in combination with the damage to the offline house, and there will be certain differences in maintenance in different regions. The cost of general compensation is your direct loss, which is the cost of repairs. Regarding the specific maintenance, you can go offline to find the master to take a look and measure.
Is it enough to just repair it? Are there any other loss charges?
What other losses do you have on your side? Can you say it, I'll see if I can support it?
It's not the same as before, and it's not comfortable to feel better.
Well, I can understand your feelings, in China's judicial practice, at present, for this kind of case, we can only try our best to stop the loss, that is, the direct loss can be supported. For example, if we feel uncomfortable and want to claim compensation for mental damage, we can negotiate with the other party in private, this law does not prohibit it, and it is okay if the other party agrees to pay more.
You mean that the other party just repaired my house, and as for other compensation laws, it is not supported, right?
Yes, pro, generally all the damaged places are repaired, you can ask for good raw materials, and try to restore the original state. Or as I said, the appraisal of other losses that may be caused by the appraisal to identify the overall repair cost, and the other compensation must be caused by direct losses, otherwise it is difficult to get legal support <>
What do you say about the other losses.
It is common that the house is uninhabitable due to house maintenance, and it is necessary to rent out or temporarily go to a hotel to live, and the loss of this piece is reasonable and can be supported.
It is the direct costs incurred in this case.
Because the damage has already been done, it is necessary to minimize the damage as much as possible and repair it as soon as possible.
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1. If the neighbor is an illegal building, you can report it to stop work, and then negotiate compensation in detail.
2. If the neighbor legally builds a house, you have to ask a qualified appraisal agency to investigate your house, and then you can claim compensation, 3. Everything is subject to authoritative appraisal, and this is especially true when it comes to the court, who reports who gives evidence, so you should get an authoritative appraisal as soon as possible is the beginning of other matters such as compensation.
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The amount of compensation for house damage also depends on the situation:
When the structure of the main building is damaged (such as the load-bearing wall, roof, and ground is seriously damaged), and the house loses its living conditions, it can claim full compensation; If non-structural damage is caused to the house, the reasonable cost of repairing the house shall be compensated.
Depending on your description, the neighbor can be asked to cover all the costs of repairing the house.
For reference: "Building a house without formalities" is a violation of Article 41 of the "Urban and Rural Planning Law": -- The planning and management measures for the use of original homesteads for the construction of rural villagers' houses in township and village planning areas shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. >>>More
According to the Accounting Standards for Business Enterprises, the expenses for reconstruction, expansion and decoration of fixed assets should be treated as fixed assets if they meet the conditions of fixed assets. Therefore, the original value of fixed assets should be adjusted accordingly for the reconstruction and expansion expenditure of fixed assets, and real estate tax should be paid. >>>More
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Illegal construction refers to the construction of houses and facilities outside the planning area without obtaining the planning permit for the proposed project (the original site and site selection opinion), and the construction of houses and facilities in violation of the provisions of the Land Management Law, the Urban and Rural Planning Law, the Regulations on the Planning and Construction Administration of Villages and Market Towns and other relevant laws and regulations. >>>More