The neighbor's home air conditioner is blowing the hot air in the bedroom, and the citizens are supported by lawsuits

The air -conditioning machine of the neighbor's garage is facing the bedroom. In the hot summer, the noise and heat generated by the machine make Chen's torment with Chen Mou on the first floor. After negotiating with the neighbors many times, Chen brought his neighbors to the court. The Jiangsu Higher People's Court announced the neighborhood lawsuit caused by air conditioners on the 26th.

Chen's family lived on the first floor of a community in Qidong. The garage of neighbor Yang was located downstairs in Chen's house. Yang's mother -in -law lived in the garage. Last summer, Yang installed air conditioners for the garage, and placed the air conditioner on the eaves of the garage built by itself, near the bedroom window of Chen. The heat and noise generated by the air -conditioning unit made Chen unable to disturb the air. Chen repeatedly negotiated with Yang to change the position of the air conditioner, but Yang did not agree. In desperation, Chen had to sue to the People's Court of Qidong City, Jiangsu Province.

After hearing, the court believed that Yang's behavior of changing the use of the garage involved in violation of the provisions of the "Jiangsu Provincial Property Management Regulations", that is, the behavior itself was not legitimacy. Although Yang argued that the vast majority of owners in the community changed the garage to living and living, but obviously could not become the so -called habit of the country. The air conditioner installed by Yang is less than 50 cm from Chen's bedroom window, and the air conditioner will inevitably produce vibration and noise when running. Even if the air conditioner installed by Yang meets relevant national standards, it still has related impact and a certain degree of obstacles to Chen's lives, and exceeds the scope of tolerance obligations of adjacent relationships. Based on this, the court ruled that Yang was demolished the air conditioner. Yang did not accept the appeal, and Nantong Intermediate People's Court maintained the original sentence.

The court pointed out that neighborhoods and tolerance volunteers are an inseparable one -sided two sides. As long as it is adjacent, there must be an obligation to tolerate. The tolerance obligation aims to coordinate the interests between neighboring rights, maintain the harmonious relationship between the rights, and enable the rights and obligations of the parties to be effectively balanced. Reasonable limit content. When exercising your own rights, you should try to avoid damage to the neighboring property rights.

In this case, Yang installed the air conditioner and installed near the window of the neighbor's bedroom downstairs. The noise and hot air during the running of the air conditioner had affected the normal living life of the neighbor Chen, which harmed Chen's rights. The scope of tolerance obligations in neighborhoods.

Correspondent Zhang Yiqian Gulin Xinhua Daily · Jiao Dian Jianjian Gu Min

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