Yongge explored the case. Upstairs changed the bedroom to a bathroom, infringement of the owners downstairs?

Author:Yangzi Evening News Time:2022.09.22

Text introduction: A few days ago, the People's Court of Qinhuai District, Nanjing successfully mediation cases that happened between neighbors. In December 2020, the king of Nanjing City bought a house on the 4th floor in a community in Qinhuai District. After check -in, he found that he could often hear the sound of water upstairs in the bedroom, and he could faintly smell the odor. Wang found the house upstairs, so that he knew that Zhang had just moved here. During the decoration, he transformed the room and changed the bathroom to Wangmou's bedroom. Wang was very uncomfortable, and this situation also had hidden dangers of water seepage, which seriously affected the normal life of his family. To this end, he has repeatedly asked Zhang to communicate about the matter, but Zhang believes that his house herself has to change, and there is no right to claim rights downstairs. After negotiation, Wang filed a lawsuit in the court, asking Zhang to restore the bathroom to the original position. Regarding the legal issues involved in this case, the judge stated that Article 288 of the Civil Code stipulates that the neighboring right holders of real estate shall properly handle adjacent relationships in accordance with the principles of favorable production, convenience of life, unity and mutual assistance, and fairness. As the saying goes, "distant relatives are not as good as neighbors", and neighbors should have been harmonious, but they may also have contradictions due to some small things. At the same time, Article 272 of the Civil Code stipulates that the owner has the right to possess, use, return, and punishment for its own building. The owner's exercise of rights must not endanger the safety of the building, and must not harm the legitimate rights and interests of other owners. The judge stated that in the case, Zhang violated the prohibition of relevant administrative regulations, but whether it constituted a major factors to consider multiple factors. Zhang causing the result of the relief of the house's renovation, which causes the spirit of the neighbor's spiritual peace, and even causing the value of the value of the neighbor's house. At the same time, the rooms with different functions have different standards and standards for drainage, waterproof, and maintenance during the design and construction process. Differences, there are risks of continuing to damage neighbor houses in water seepage. Therefore, Zhang should restore the original position of the bathroom.

The judge clarified the law to the two parties that the case was successfully adjusted.

Planning: Chen Dichen

Application: Zhang Bingjing Ren Guoyong

Camera: Lu Jing Zhao Chen

Design: Shen Tianle (Internship)

Editing: Weng Sijia (Internship)

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