Case new perspective · Changji | Chicken houses, toilets affect neighbors, court judgment: dismantling!

The colored steel sheds, chicken houses, and toilets built by neighbors cover their own houses, and also affect ventilation, lighting and sunlight. What will the court judge? Recently, the Changji Intermediate People's Court concluded such a case to maintain the first trial judgment in accordance with the law, that is, the defendant Zhang was demolished the chicken house and toilet.

Zheng Xulei/Pain

Retrospective

Cong and Zhang were neighbors in the same village. Both of them were north and south, and they were arranged back and forth, but Zhang did not build the front and rear walls separately in his courtyard. In 2019, Zhang used the back wall of Cong Mou's courtyard as the wall of the front yard, and built a chicken coop in the northeast corner of the house next to Cong's house. In the location, a toilet was built, and the sewage outlet facing the window of Cong's house. In addition, a colorful steel shed was built in the northwest corner.

In this way, Cong Mou opened the window and couldn't tell the sun, and the smell was very unpleasant, and he communicated with Zhang many times. However, Zhang only promised to remove the colorful steel shed. Cong had no longer communicating many times. In December 2021, he complained to the court and asked the court to judge the judge according to law.

Judgment result

After trial, the Manas County People's Court believed that the neighbors of the Cong Mou and Zhang family should live in harmony and united and help, but Zhang's series of construction behaviors seriously affected the ventilation and lighting of Cong's house. It affected Cong's living environment and made Cong Mou unable to live normally. According to the relevant provisions of the Civil Code, he decided that Zhang Mou was removed within 15 days from the date of effectiveness of this judgment. The toilet was demolished and built in the northwest corner of the back wall of the plaintiff Cong.

Zhang did not accept the first instance judgment and appealed to the Changji Intermediate People's Court. At the end of February this year, after the trial of the second instance, the first trial was maintained according to law.

Law link

"People's Republic of China"

Article 288 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.

Article 293 stipulates that the construction of a building shall not violate relevant national project construction standards, and shall not prevent the ventilation, lighting and sunlight of adjacent buildings.

Article 294 stipulates that non -motioned property rights shall not violate state regulations to abandon solid waste, discharge harmful substances such as air pollutants, water pollutants, soil pollutants, noise, light radiation, and electromagnetic radiation.

Judge remind

The adjacent relationship refers to the two or more real estate owners, the use of beneficiary rights, or the possessor of the two or more real estate owners, and in accordance with the rights and obligations generated by the use of water, drainage, ventilation, and lighting. right".

The principle of dealing with the adjacent relationship stipulated in the Civil Code is not only the basic principles that the court should follow the judge of the adjacent disputes in the relationship between the courts, but also the basic behavioral rules of the adjacent parties to deal with the adjacent parties, especially the unity and mutual assistance among them. In principle, when dealing with disputes between neighborhoods, we must adhere to good neighbors, friendship and win -win situations, and think for each other to provide each other, provide help and convenience that neighboring rights holders can do, and oppose the benefits of others. When there are disputes between the neighboring parties, we must keep tolerating and restraining, and try to resolve and resolve contradictions through friendly negotiation.

Source: Pomegranate/Xinjiang Legal System Newspaper

Correspondent: Yao Jinping

Edit: Li Ruiqi Senbaiti

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