What should I do if the roof of my house is forcibly occupied by others?

The roof of the house is forcibly occupied by others, first of all, this can be dealt with by the police, first of all, the evidence must be grasped, and the other is to negotiate privately, and there is no other way to seek other channels.

Directly call the police to deal with it, there is nothing to say.

Find the property to complain to him, this is your land, if it is serious, it is okay to go to the court to sue him. Defend your rights!

Since the roof of your house is forcibly occupied by others, then you must first go to the property to negotiate this matter. If the property can't negotiate it, you can call the police to negotiate the matter, which is the best.

The roof of the house was forcibly occupied by others. You can solve the problem in the following ways: find a property. Find the Building and Construction Authority. Find the chengguan.

There are two scenarios in which the roof of your house is grabbed, are you sure this is the roof of your house? If it is illegal to perform on the roof of your house, this can be solved through legal means, and if it is a public roof, you have no way to do so.

Don't think about it, this kind of behavior is illegal occupation, directly report to the police and let the police help you get rid of them.

If this is the case, then call the police directly, let ** deal with it best, and don't use radical methods.

If the roof of your house is forcibly occupied, then you can first talk to the property and property management staff about how to deal with it.

Negotiate with him, and if the negotiation fails, you can sue him.

Looking for a property property property does not agree, I have to go to the police to negotiate and communicate.

Because the roof of my house is occupied, you still have to look for something to deal with some reasons, or pay attention to the content of some reviews on the Internet.

The roof is a common area and does not belong to anyone. You can go to the property to complain or call the police to disturb the people.

Legal analysis: if the illegal construction is carried out on the top floor of the community, the building built is an illegal building, and the illegal building has not been approved by the relevant departments, and there are potential safety hazards. If the owner refuses to demolish, then the relevant departments will arrange personnel to help with the demolition, and if the owner obstructs the staff from performing official duties, the owner will be given an administrative penalty or criminal punishment according to the severity of the circumstances.

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

Article 120:Where civil rights and interests are infringed upon, the infringed party has the right to request that the infringer bear tort liability.

Article 183:Where oneself is harmed by protecting the civil rights and interests of others, the infringer bears civil liability, and the beneficiary may give appropriate compensation. Where there is no infringer, the infringer has escaped, or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.

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.

Article 1168:Where two or more persons jointly commit tortious acts, causing harm to others, they shall bear joint and several liability.

Summary. Hello. Legal Analysis:

The roof of my shop is occupied by someone else, who cares: property management. The roof deck of the shop belongs to all the owners.

However, on a demand-based basis, the shop owner has the right to maintain the roof platform and can prevent others from occupying the roof platform at will.

Hello. Legal analysis: The roof of my shop is not rolled and occupied

The property pipe model is fast. The roof deck of the shop belongs to all the owners. However, if it is calculated on demand, the shop owner has the right to maintain the roof platform and can prevent others from occupying the roof platform at will.

Legal basis: Article 33 of the "Property Management Regulations" A property management area shall be professionally implemented by a property service enterprise. Article 35 property management service enterprises shall, in accordance with the provisions of the property management service contract, provide corresponding services.

If the property file Kaishen service enterprise fails to perform the provisions of the property service contract, resulting in damage to the personal and property safety of the owner, it shall bear the corresponding legal responsibility in accordance with the law.

Legal analysis: The roof of the shop is an exclusive part of the building, and the owner can legally enjoy the corresponding right to use, and the encroachment is a violation of this right, and the encroachment can be sued to the civil court in accordance with the law to request the encroacher to stop the encroachment.

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

Article 272: Owners have the right to occupy, use, benefit from and dispose of the exclusive parts of their buildings. The exercise of the rights of the owner shall not endanger the safety of the building and shall not harm the legitimate rights and interests of other owners.

Article 273 The owner shall have rights and obligations with respect to the common parts other than the exclusive part of the building; Waiver of rights may not be used as a reason for non-performance. When the owner transfers the residential or business premises in the building, the rights of co-ownership and co-management of the common part are transferred together.

Legal analysis: According to the law, forcibly occupying another person's house constitutes a crime, and the criminal law constitutes the crime of embezzlement, and the subject of this crime is a general subject, and any natural person who has reached the age of 16 and has the capacity for criminal responsibility can constitute this crime. The offence must be subjectively motivated by intent, i.e. unlawful possession of property, forgotten or buried property that is known to belong to another person for his safekeeping.

In civil law, it constitutes an infringement of property rights. If the parties fail to reach an agreement, they can go to court to file a lawsuit.

Legal basis: "Criminal Law of the People's Republic of China" Article 270: Whoever illegally takes possession of another person's property in custody for himself, and the amount is relatively large, and refuses to return it, is to be sentenced to up to two years imprisonment, short-term detention or a fine; where the amount is huge or there are other serious circumstances, a sentence of between two and five years imprisonment and a concurrent fine is to be given. Where the forgotten or buried items of others are illegally taken into their own possession, and the amount is relatively large, and they refuse to hand it over, punishment is to be given in accordance with the provisions of the preceding paragraph.

This crime shall be dealt with only if it is told.

Article 238 of the Civil Code of the People's Republic of China? Where a real right is infringed and damage is caused to the right holder, the right holder may request compensation for damages in accordance with law, and may also request to bear other civil liabilities in accordance with law.

1. If the roof is occupied, you can complain to the property management company, the housing authority or the construction bureau. Residents of the community or property management companies may file a civil lawsuit with the people's court, requiring the residents on the top floor to demolish the illegal buildings and restore them to their original state, and at the same time file an administrative lawsuit to require the relevant administrative departments of the street to actively perform their statutory duties and safeguard the legitimate interests of the residents of the community.

2. Legal basis: Article 1165 of the Civil Code of the People's Republic of China.

Where the perpetrator infringes upon the civil rights and interests of others and causes harm due to his fault, he 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.

2. What are the departments for resolving property disputes?

1. You can complain to the property management office of the local real estate management bureau, which is the competent department of the property industry;

2. Do the corresponding work before complaining. Try not to make a verbal complaint, but to submit it in writing;

3. Before submission, look at the property management agreement signed with the property management company, what are the places where the property company has not fulfilled its duties, and the evidence should be full and complete.

There are many property management companies and the owners' committee or the owner has not signed a written contract, in the absence of a contract and no statute to follow, the two parties are very prone to disputes, and can not be well resolved, so the property service contract is still very important, the owner needs to pay attention to the signing of the property service contract, do not easily ignore.

What should I do if the roof of my house is forcibly occupied by others?

Hello, dear, I am asking the legal advice teacher, I am happy to answer for you! If individual owners encroach on public land, the owners' committee of the community can ask them to stop the infringement and compensate for the losses; If an individual owner refuses the request of the owners' committee, the owners' committee may file a lawsuit in the people's court to protect the legitimate rights of other owners. Legal basis: Article 51 of the "Property Management Regulations" water supply, power supply, gas supply, heating supply, communications, cable television and other units shall bear the responsibility for the maintenance and maintenance of relevant pipelines and facilities and equipment in the property management area in accordance with the law.

If the unit specified in the preceding paragraph temporarily occupies or excavates a road or site due to the needs of maintenance and maintenance, it shall be restored to its original state in a timely manner. Dear, I hope mine is helpful to you, and I wish you a happy life! 