It's about a community in Xiamen!The verdict is here ...

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Xiamen's latest release!

It's about a community!

The verdict is here ...

Install an elevator in an old community in Xiamen

Prosecution by the owner of the community next door!

The court was sentenced!

In order to facilitate the lives of residents, many old communities have adopted the measures to install elevators. However, an elevator has always been happy with an elevator. Even if the owners of the entire building agree, there will be an accident that the owner next door will jump out!

Recently, the Siming District People's Court opened a trial of such a case. An old community was installed with an elevator and avoided the opposition on the first floor, but the owners next door sued the elevator to demolish the elevator. Is this situation effective? Should I disassemble the elevator?

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This is the case--

event:

Install an elevator with an old community

The owner of the building next door sued the court

This dispute happened

Between Building A and Bu Building B and B in an old community in Xiamen

Building A and B are the adjacent two ladders of the same residential building. Building B, represented by Ms. Duan, and other 19 people, agreed to add elevators to Building B. However, when Building B had to install an elevator, some of the owners of Building A, represented by Mr. Zhang and other five people, strongly opposed it.

Why is this?

Let's look at the layout between the two buildings:

After investigation, the south of these two buildings is open space on the south, and the east, west, and north are public channels. Among them Little car, but unable to turn around.

Probably as shown below-

Now, Building B plans to add an elevator

It is located on the north side of the building

After the elevator is added, the north side of the building will not be able to pass the car. If the owner of Building A pass through the north side of the building, you need to pass through the elevator waiting hall.

Probably as shown below-

focus:

Is the elevator infringement?

Should I demolish it?

It is reported that--

Building B elevator has been constructed since 2018. In April 2019, the Xiamen Municipal Planning Committee directly affiliated to the Planning and Branch issued the "Opinions of Planning Technical Examination", which concluded that the review conclusions met the technical requirements of planning. In July, the construction of the Siming District Construction Bureau of Xiamen City issued the "Construction License of an Elevator in Against Houses".

However

Building B elevator starts after construction starts

Building A and Building B

Can you add an elevator to create a dispute?

Unsuccessful after negotiation

The project has stopped construction

Mr. Zhang waited for 5 people

Very dissatisfied with installing an elevator

They prosecuted:

"The elevator is located on the way we go home. Before the elevator is installed, we can drive the car to the door of Building A to facilitate the purchase of large -scale daily necessities, the elderly travel, etc. Our daily traffic and safe evacuation. This infringes our legitimate rights and interests. We ask for stopping construction and removing elevators to restore the public road to the original state. "

Ms. Duan and other 19 people answered:

"The addition of elevators is based on the" Increased Opinions of the Elevator in Xiamen City ", and obtained a planning letter and construction permit in accordance with the law. It is not illegal construction. The "serious and harmful safety and rescue '. In addition, Mr. Zhang is the owner of Building A and has nothing to do with the addition of elevators in Building B."

So

How should the court judge?

judgment:

Added elevators reasonable and legitimate

Reject the plaintiff demolition request

recently

The Siming court considers

In this case, an elevator should not be removed

First of all, Ms. Duan and other 19 people, as the owner of Building B in a community, have the right to add elevators in accordance with laws and regulations, and have already reviewed and agreed in the relevant departments. Mr. Zhang and other five people advocated that the addition of elevators in Building B seriously affected fire safety and seriously hindered safety evacuation.

Secondly, a community was built earlier. Without an elevator, the owners of Building B were reasonable and legitimated to add elevators to the convenience of travel and improve the quality of living.

In the end, the addition of elevators in Building B did not affect the daily traffic of the owners of Building A. In terms of medical rescue and large items, the influence distance was also very short. As an adjacent person, Mr. Zhang and other five people have not exceeded the reasonable limit of the tolerance of this.

Therefore, five people including Mr. Zhang requested to stop the construction of elevators in building B and restore the original state of public roads. After the second trial, the case of the case recently made a final judgment and maintained the original judgment of the first instance.

Judge said:

When there is a conflict of interest

"The harm of both power is light"

Article 288 of the Civil Code stipulates that the neighboring right holders of the real estate shall properly handle adjacent relationships in accordance with the principles of favorable production, convenience of life, unity and mutual assistance, and fairness. The adjacent relationship system aims to regulate the conflict between the rights of the rights of the right to real estate, clarify that one party provides a certain convenience to the other party, and tolerates the obstacles caused by providing convenience.

In daily life, the neighboring real estate rights have occurred from time to time due to their own real estate that affects the use of real estate from others. They often break the balance between adjacent non -dynamic property subjects to facilitate the use and tolerance and impairment. In the case of conflict between interests, judgment should be made through coordination and weighing the interests of all parties in accordance with the principles of "the harm of the two rights".

Expert saying:

"3 Questions" install the elevator

1 Q: How many owners do you want?

Professor Huang Jianxiong of Xiamen University Law School: When adding elevators in existing residential housing, it is not the same place in compliance with the local regulations. The addition of elevators should meet the requirements of urban planning, construction structure safety, fire safety and safety evacuation. Elevators with both residential houses can be carried out in units of ladder numbers (buildings). The addition of elevators should be added in accordance with the relevant provisions of the Civil Code and follow the principle of "voluntary, open and transparent, and full negotiation" in accordance with the principle of "owners' voluntary, open transparency, and full negotiation". The above owners agree. 2 Q: What should I do if the low -level owners are opposed?

Huang Jianxiong: If the owner has objections to the addition of elevators, the street office (town people's government) should actively organize mediation in accordance with the work responsibilities and procedures, and strive to promote relevant owners to voluntarily reach a mediation agreement on the basis of equal negotiation, and issue a mediation statement. If there is a dispute during the construction process, the street office (town people's government) must actively mediate at the application of the owner and issue mediation opinions. If the elevator solution is added to meet the requirements of urban planning, construction structure safety, fire safety and safety evacuation, etc., and after mediation by the sub -district office (town people's government) where the residential street is located, the number of owners of the number (building) or the internal owners of the community still have it. If the objection, it shall be reviewed. If the owner is negotiated and the street office (the township people's government) cannot reach an agreement after mediation, it may be resolved through civil lawsuits in accordance with the law.

3 Q: Do you need to compensate for an elevator?

Huang Jianxiong: This compensation is not compulsory. If an elevator encounters the opposition of the owner who is damaged by the benefit, the owner can be given appropriate compensation to the owner of the interest. In principle, the compensation amount per household should not exceed the value of the total number of elevators in except for the total number of the total household households. If an elevator is added to the eligible residential house, after the elevator is completed and accepted, the financial department may give funding subsidies.

Herald reporter Chen Jie Correspondent Si Fa

Editor Chen Siqin

Straits Herald WeChat (ID HXDBWX) Integrated Edit

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