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Sentence|Goshi Ryu Yoshi
Edited by Yushi Liufang
«——【Preamble】】 ——»
In life, everyone will inevitably encounter some problems with neighbors, because the pace of modernization is accelerating, many people live in a community and don't even know each other, which inevitably causes some disputes.
In Hangzhou, Zhejiang, there was a conflict with a neighbor, but what is surprising about this incident is that the tree that originally grew in his yard was claimed 300,000 yuan by his neighbor after he cut it down.
Why does this tree get so much attention from the neighbors, and how do the two families solve it?
«——【The Origin of Planting Trees·】——»
In 2006, Ms. Du's family moved into this community after years of hard work, and she was very satisfied with this new home.
Because I like osmanthus very much, I also plan to include osmanthus trees. But because her yard was already full, she set her sights on the next door.
Ms. Du learned that her neighbor's family often worked abroad and rarely went home, so she came up with the idea of planting osmanthus flowers in the yard next door.
Because there is usually no conflict between the two families, sometimes Ms. Du will help take care of their yard, so when they heard Ms. Du's request, they did not object, and agreed to her request to plant trees, Ms. Du was very happy, promised that she would take good care of it, and send some osmanthus products to her neighbors every year.
Over the years, there has been no conflict between the two families, and the osmanthus tree in the yard next door has also grown into a big tree under the care of Ms. Du, and every year will smell the refreshing fragrance of osmanthus.
But in 2018, the neighbor decided to sell the house because he had been living abroad for a long time, and after a period of buying and selling, Mr. Li bought the house. But the original landlord didn't tell him about the osmanthus tree in the yard, so he laid the groundwork for a series of conflicts that happened later.
«——【Happy Buying a House·】——»
After years of hard work abroad, Mr. Li's family wanted to have a home of their own, and the family worked hard to earn enough money to buy a house, so they added buying a house to their future plans.
At this time, I saw a single-family house with a yard on the news of buying a house, and the price of the house was also within my affordable range, and the original owner of this house did not live too much, and it was similar to a new house.
Mr. Li followed the address to see the yard was very satisfied, so after discussing with the landlord, he successfully bought the house at a price that both parties were satisfied with, and the next thing was the decoration of the house.
During the renovation, Mr. Li noticed the osmanthus tree in the yard, and Mr. Li found that the tree was too big, which seriously affected the lighting on the second floor, so he thought about cutting down the tree to make the yard more spacious.
Within a few days, Mr. Li contacted someone to cut down the tree, and with the collapse of the branches, the original appearance of the yard was all presented, Mr. Li looked at the spacious yard and was in a good mood, but the people around him watched Mr. Li cut down the tree and pointed at the side.
Mr. Li thought that they thought it was a pity that the tree was cut down, and he didn't pay attention to it, but a few days later, he was directly approached by his neighbors.
«——【Outbreak of contradictions·】——»
On this day, Ms. Du was traveling abroad, but suddenly received a call from the property, and the property told her that the osmanthus tree had been cut down, and they did not have time to stop it. Ms. Du was anxious when she heard this, and hurriedly bought a ticket and returned home.
When Ms. Du returned home, she angrily approached Mr. Li and accused him of cutting down her beloved osmanthus tree. Mr. Li was confused because he did not know the origin of the osmanthus tree. But Ms. Du did not give up, and even demanded 300,000 yuan in compensation from Mr. Li.
Mr. Li originally wanted to discuss it carefully, but when he heard that Ms. Du was so arrogant, he was also angry, it was originally his own yard, and he could cut it as much as he wanted, and you had no right to take care of our family's affairs.
Ms. Du saw that Mr. Li refused to compensate herself, so she sued him in court, hoping to protect her rights and interests through legal means, so did the final result make Ms. Du happy?
«——【·Court Hearing·】——»
Ms. Du tried to support her idea through the intervention of the Property and Forestry Bureau. However, the property staff believed that Mr. Li did not know about it and should not be compensated, and the staff of the Forestry Bureau also pointed out that Mr. Li should have reported in advance before cutting down the osmanthus tree, but the compensation was really not counted.
After learning what had happened, the court ruled that Ms. Du should be compensated for the corresponding value of the osmanthus tree, and Chinese law stipulates that urban residents who cut down trees planted in the front and back yards without permission need to report in advance, and Mr. Li spent money because he did not understand the relevant regulations.
If you had reported it in advance, it wouldn't have gotten to this point today. Some believe that Mr. Li should communicate with the property before pruning the osmanthus tree to avoid disputes.
Others argue that Ms. Du planted the osmanthus tree in a neighbor's house and nominally belonged to her, but did not pay royalties and therefore she was not entitled to claim ownership. However, from the perspective of the law, Ms. Du really had no reason to demand compensation from Mr. Li, and Mr. Li's most fault was that he did not report it.
«——【·Conclusion·】——»
It also teaches us the need to maintain communication and respect when dealing with neighbourhoods, especially when it comes to interests. Planting plants and felling should be done with permission to avoid potential disputes.
And although Ms. Du's behavior seems to be a bit radical in some aspects, we should also understand her feelings for the osmanthus tree that she has worked hard to maintain.
In the high-pressure life of modern society, the communication between neighbors is becoming less and less, which leads to the frequent occurrence of such disputes. People often neglect good communication with their neighbors in their daily lives, making relationships that could have been harmonious become complicated.
If the onlookers reminded Mr. Li that the two sides might reach an agreement and would not go to court, then what do you think about this matter?
Resources:
1. Baoji Politics and Law - ""Your tree is planted in my yard, why can't I cut it?" A woman in Hangzhou planted an osmanthus tree in a neighbor's house for 12 years, but the new neighbor cut down the tree!
2.1818 Golden Eye - "More than 300,000 kinds of osmanthus trees were spent in the women's courtyard, but they were sawed without notice!
- Civil Division of Shawan Court - "May Dian Case | A gardenia tree, two brothers go to court......"