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The neighbor always smashes the wall at the junction of the two houses, and then hits the property. The common wall is shared by two families, and neither party can dismantle or rebuild it at will, once it is broken, it will be a very troublesome thing to repair, and the other party has the right to eliminate the danger, restore the original state, and compensate for the loss. The main body of the building and the load-bearing structure are changed without the design plan proposed by the original design unit or the design unit with the corresponding qualification level; Other behaviors that affect the structure and safety of the building and use are prohibited.
Article 49 of the Property Management Regulations shall not change the use of public buildings and common facilities constructed in accordance with the plan within the property management area. If the owner really needs to change the use of public buildings and common facilities in accordance with the law, he shall inform the property management service enterprise after going through the relevant formalities in accordance with the law, and if the property management service enterprise really needs to change the use of public buildings and common facilities, it shall submit it to the general meeting of owners for discussion and decision, and the owner shall go through the relevant formalities in accordance with the law. Article 7 The owner shall perform the following obligations in the property management activities:
1) Abide by the management statute and the rules of procedure of the general meeting of owners; (B) comply with the property management area of the common parts of the property and the use of common facilities and equipment, public order and environmental sanitation maintenance and other aspects of the rules and regulations; (3) To implement the decisions of the general meeting of owners and the decisions of the general meeting of owners authorized by the general meeting of owners; (D) in accordance with the relevant provisions of the State to pay special maintenance funds; (5) Pay the property service fees on time; (6) Other obligations provided for by laws and regulations.
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In the face of neighbors always smashing the wall between your home and your neighbors, here are some things you can do:
1.Try to communicate with your neighbors: First, try to communicate with your neighbors about why they are always smashing the walls of the junction.
In communication, stay calm and understand their perspectives and needs as much as possible. During the conversation, you can come up with solutions, such as smashing walls at specific times, to reduce the impact on you and your neighbors.
2.Complain to the strata company or owners' committee: If communication is ineffective, you can file a complaint with the strata company or owners' committee. They may take action to prevent this from continuing to happen.
3.Alarm: If the situation is serious, you can consider calling the police. **May intervene in an investigation and take appropriate action.
4.Gather evidence and report it to the appropriate authorities: If a neighbor's wall smashing has violated the law or regulations, you can collect evidence and report it to the relevant authorities. For example, you can report it to the urban management department or the environmental protection department, and they may take action or help.
In conclusion, when dealing with this situation, stay calm and take reasonable and effective measures as much as possible. Communicating with neighbors is an important step in resolving this situation, and consider seeking professional help if needed.
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First, the neighbor smashed the back wall of our house.
In the case of damage to civil property, it may first be resolved through negotiation with the other party, and the other party may be required to restore the original state or compensate for losses, and if the negotiation fails, a lawsuit may be filed with the people's court with relevant evidence. For more complex legal disputes over civil property damage, it is recommended to consult a professional lawyer.
1. If the neighbor is intentionally destroying public or private property, it should be an illegal or criminal act, and the local police station is "unable to manage" and has been suspected of violating discipline and law, the party can file a complaint with the inspector of the higher public security organ or the local procuratorate, and at the same time request the local government to file a case in accordance with the law, and after the neighbor is determined to have committed an illegal or criminal act of intentionally destroying public or private property, the party can claim civil compensation in accordance with the law. If there is sufficient evidence that the neighbor is a negligent party who destroyed the wall of the party's home, the neighbor is only liable for civil damages. The principle of civil compensation gives priority to restitution to the original state, and if it cannot be restored, the original ** of the damaged property will be compensated at a discounted price based on the period of its use.
2. [Case of Intentional Destruction of Public or Private Property] Article 275 of the Criminal Law, in any of the following circumstances, a case shall be filed and prosecuted:
a. Intentionally destroying public or private property causing a loss of more than 5,000 yuan.
b. Intentionally destroying public or private property more than 3 times.
c. Gathering 3 or more people to openly and intentionally destroy public or private property.
d. Other serious circumstances.
3. Where the amount of intentional destruction of public or private property is relatively large or there are other serious circumstances, a sentence of up to 3 years imprisonment is to be given, short-term detention or a fine. where the amount involved is huge and there are other especially serious circumstances, a sentence of between 3 and 7 years imprisonment is to be given.
4. Theft, robbery, robbery, fraud, extortion, or intentional destruction of public or private property are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB, and where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.
5. Citizens and legal persons shall be liable for any damage caused to the property of the state, the collective, or the person or property of others because of their faults, and shall be liable if they are not at fault and shall be liable if they are not at fault.
6. If a citizen or legal person damages the property of the state, the collective, or others, he or she shall restore it to its original state or compensate at a discounted price. The victim shall compensate for the losses suffered by the victim as a result. Judicial basis: Article 275 of the Criminal Law of the People's Republic of China, Article 49 of the Law of the People's Republic of China on Public Security Administration Punishments, Article 33 of the Standards for the Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs of the Supreme People's Procuratorate and the Ministry of Public Security, and Articles 106 and 117 of the Civil Code.
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First of all, as long as the load-bearing wall is not demolished, or a large-scale demolition, it will have little impact on the balance of the whole building, but there is still a certain chance that it will cause problems.
Secondly, it is necessary to know whether the garden next to it is public or private, and if it is private, it does not constitute illegality.
Finally, in terms of property, from the regulations of the property management and purchase contract, any tenant needs to modify the house, needs to obtain the consent of the property side, and if it is demolished and built without permission, it will be responsible.
Because I don't know if your neighbor has permission or not, I can't give you an accurate answer, I hope the answer can be helpful to you.
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First of all, look at whether the smashed wall is a load-bearing wall (you can check the floor plan of the real estate), and secondly, see whether the garden is open. If it is a load-bearing wall, regardless of whether the garden is open or not, it is illegal and not allowed. If it is not a load-bearing wall, it is normal to smash the wall in your own interior decoration, pay attention to the garden must be within the jurisdiction of the property, if it is to another area, the property must agree to approve, otherwise you must be responsible Oh and avoid noise disturbance, must be operated during working hours, do not operate on weekends.
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