The woman installed anti-theft screens by the neighbor's aunt for "may affect the passage", and the court ruled to remove them

In 2019, Shanghai resident Ms. Wu acquired the ownership of a house in a certain community, because the kitchen window and room window of the house were built on the public aisle, Ms. Wu installed anti-theft screens during the renovation, but was unexpectedly sued by neighbor Aunt Li.

(Source: China Judgment Documents Network)

Aunt Li believes that Ms. Wu's anti-theft screen window can be opened to the public aisle, which may affect the normal passage of Aunt Li, so she asked Ms. Wu to remove the screen window immediately.

In this regard, Ms. Wu argued that the installation of anti-theft screens is to strengthen security, anti-theft and anti-theft, once the screen window is opened, it will lose its anti-theft function, so it is not necessary to open it in the use logic, and there is no saying that opening the screen window will affect public traffic.

Ms. Wu also believes that Aunt Li's travel or elevator does not need to go through the dispute window in this case, that is, the passage outside the screen window is not the only way for Aunt Li to enter and exit, and the dispute window will not affect the normal passage of Aunt Li.

In court, Ms. Wu said that she had never opened the steel mesh window since she moved in, and was now willing to use welding, adhesion and other methods to rectify the steel window to a state that could not be opened, so as to eliminate Aunt Li's concerns.

The court held that Ms. Wu installed screen windows open to the public aisles in her kitchen window and room window respectively, and although Ms. Wu emphasized that the screens involved in the case played an anti-theft role and there was no need to open them, the screens involved in the case were objectively openable, and there was a possibility of affecting others' walking. Aunt Li's use of public walkways is not limited to taking elevators, and her walking routes should not be restricted. Therefore, the court ordered Ms. Wu to remove the anti-theft screens.

Recently, Ms. Wu appealed and the court upheld the original judgment.

Xiaoxiang Morning News reporter Zhong Ming

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