Is it infringement when living in a doorway with wind and water?

Recently, a man was living in a terrain with a storm at the door, and he was in a terrible verdict.

A report said that a business owner living in Putuo District, Shanghai reported that after the decoration of the neighborhood, he hung a large red light at the entrance door, lit the lights at 24 hours a day, and various wind and water slabs were placed at the door, which made people feel scared.

At the same time, the neighborhood also expanded the door, wrapped the fire pipes in it, and replaced the middle glass with a protective glass, which was seriously reflective.

The surrounding areas complained endlessly.

So, is it illegal to place wind and water at the door?

Will the act infringe on the legitimate rights of other business owners?

How do affected business owners gain authority?

Let’s watch the professional interpretation of lawyer Yuan Fang, a member of the Lawyer’s Specialist in the \”Rule of Law Daily\” and a partner of Beijing Kangda (Haikou) Law Firm!

Is it illegal to place wind and water in the door?

If a scent of water is placed at the door, if it exceeds the scope of reasonable use of the person, it will affect the public space or the legal rights of others, and may involve illegal problems. For example, the business will expand its doors and wrap fire ducts, which may affect the normal use of firefighting facilities and are subject to violations of firefighting laws. In addition, Article 288 of the Civil Code stipulates: \”A relative right holder who does not possess should handle the relevant relationship correctly in accordance with the principles of favorable production, convenient life, mutual assistance in groups, fairness and reasonableness.\” The owner changed the behavior of anti-spread glass, swelling water and other behaviors. If it affects others\’ normal life, it may violate the relevant provisions of the Civil Code. At the same time, if the owner installs a windy water space in public buildings or poses a hazard to public safety structures, it may also violate the relevant provisions of the Property Management Regulations. Such behavior may not only face civil liability, but may also be subject to corresponding administrative punishment for violating administrative laws.

Will the act infringe on the legitimate rights of other business owners?

The actions of the owner involved are suspected of infringing on the relevant and shared rights of other owners. According to Articles 288 and 296 of the Civil Code, when a person who does not exercise his rights, he shall not harm the rights of the parties such as wind, lighting, traffic, and peace. The pressure of red lights, reflective glass and wind squid parts has caused psychological discomfort and life hinderment to the neighborhood, and may constitute an infringement of the neighborhood rights. Moreover, the building belongs to a common part, and the owner shall not privately occupy or change the purpose, expand the doors, wrap fire pipes, etc., which may infringe on the shared ownership of other owners in public space.

How do affected business owners gain authority?

The affected owners can try to engage in friendly negotiations with the owners involved, requiring them to stop infringement, or through property, business committees, or communityThe solution agency intervened in the consultation and asked them to make rectifications. If the partnership fails, you can report the fire department about the fire pipeline problem, or file a complaint about the public area occupation with the urban management department. If it is still impossible to resolve, a lawsuit may be filed with the court, requiring the owner involved to eliminate the obstruction, eliminate the danger or compensate the losses. At the same time, during the process of protecting rights, we must reserve live photos, communication records and other certificates, and first resolve conflicts through non-disputes, and observe legal effects and harmony between the border.

Planning: Yang Xinhong Song Xienan

Text: Luo Fengran

Source: Rule of Law Daily