Take advantage of the fact that the next door neighbor is not at home
One of the owners took it upon himself to seal the window of the neighbor's house!
The reason is to feel unbearable
Odor wafting from neighbors' bathrooms
Neighbors feel that their rights have been violated
Take the owner to court
How does the court decide?
The origin of the incident: taking advantage of the neighbor's absence to seal the neighbor's window
In a building in Yuexiu District, Guangzhou, rooms 804 and 805 are adjacent to each other, and the windows of room 805 bathrooms are exactly on the east wall outside the balcony of room 804. Due to this relative location layout, the odor of the bathroom in room 805 is sometimes drifted to room 804.
Because he could not bear the peculiar smell of the bathroom in room 805, the owner of room 804 instructed the decorator to measure the size outside the bathroom window of room 805, and planned to block the bathroom window of room 805. The owner of 805 room made it clear to the owner of 804 house that it could not affect its functions such as ventilation, ventilation, lighting, and sunshine, and reported this matter to the community neighborhood committee. The staff of the neighborhood committee immediately coordinated with the owner of the 804 house, but he did not listen to the advice and insisted on going his own way.
One day, the owner of room 804 took advantage of the fact that the owner of room 805 was not at home, and installed a frame covering outside the window of his bathroom, and the upper, lower, right and front of the window were closed by the obstruction, leaving only one façade on the left side for ventilation. After repeated unsuccessful communications, the owner of 805 house was indignant and sued the court.
*Live picture (frame cover at the red circle)
The owner of Room 805 requested the court to rule that the owner of Room 804 should remove the stainless steel glass frame outside the bathroom of Room 805 and repair the drill holes that blocked the object.
In the face of neighbor complaints, the owner of 804 house claimed: "One day or two days, I will endure, the long-term smell is so heavy, how to live this day?" I have only made limited changes to the environment outside the windows of the 805 bathroom, have not changed the external wall structure, and have fully understood the feelings of the owners of the 804 room, not completely blocked, leaving an exit, so that the bathroom can be ventilated and lighted enough. In addition, the installed frame is still some distance away from the water pipe of room 805, and the screws installed are hidden in the frame, without changing the wall, and there is no waterproof problem. "
The court ordered restitution
After trial, the Yuexiu court held that the owner of room 804 had no legitimate reason, exceeded the scope of property rights of his own house, and without the consent of the owner of room 805, he installed a stainless steel glass frame in addition to the bathroom window of room 805 without permission, restricting the owner of room 805 to use the bathroom window of room 805 and infringing on the civil rights and interests of the owner of room 805.
There was no legal basis for the installation, so the court ordered the owner of room 804 to remove the stainless steel glass frame and restore the original state of the drilling part of the wall outside the window.
The judge reminded: More communication and consultation between neighbors to watch and help each other
Li Bo, the economic magistrate, pointed out that Article 272 of the Civil Code stipulates that "the owner has the right to possess, use, benefit from and dispose of the exclusive part of his building." The formal rights of the owners shall not endanger the safety of the building and shall not harm the legitimate rights and interests of other owners"; Article 288 stipulates that "the adjacent rights holders of immovable property shall correctly handle the neighboring relationship in accordance with the principles of favorable production, convenient life, solidarity and mutual assistance, fairness and reasonableness".
In the process of the normal use of their real estate, the residents may have some impact on the adjacent households, and if it is reasonable, the neighboring households also have a certain obligation to tolerate, in this case, it is not advisable to adopt the private remedy of closing the windows of other people's homes as the defendant in this case.
During the trial, the judge also patiently explained the law to the plaintiff, persuading him to pay attention to the reasonable use of the bathroom, keep it clean, and seek ways to deodorize and remove odor, so as to minimize the impact on the neighbor's house.
As the saying goes, "distant relatives are not as good as close neighbors", neighbors should communicate more, discuss more, and the party that has an impact on others should also actively seek solutions and strive to create a harmonious neighborhood atmosphere.
Text, photo/Guangzhou Daily all-media reporter: Charter Correspondent Yue Yan
Source: Guangzhou Daily