Is it infringement when living in a doorway with wind and water? ｜Talk ·Fa

Recently, a man was in a terrifying neighborhood with a storm in a doorway, and

reported a notice.

reported that

a business owner living in Putuo District, Shanghai reported that after the renovation of the neighborhood,

a large red light at the entrance door,

a large red light at the entrance door,

<p style=\"text-align: center;\" The lights are lit at 24 hours a day, and various kinds of wind and water slabs are placed at the door, which makes people feel irritated.

At the same time, the neighborhood also expands the door, and wraps the fire pipes in it, and replaces the in-house glass with a protective glass,

data-track=\”16\”>Reflection is serious.

In this regard,

Home in the surrounding areas complainsNo more.

So, is it illegal to place a waterproof water at the door?

Will it be infringe on the legitimate rights of other owners?

How do affected business owners gain authority?

Get together to read the professional explanation of lawyer Yuan Fang, a member of the Lawyer\’s Specialist in the \”Rule of Law\” and a partner of Beijing Kangda (Haikou) Law Firm!

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

A placing a windy water tank 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 the door of the enterprise and wrap the fire piping, which may affect the normal use of fire utilities.Refers to acts that violate the fire protection 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 it be committed to infringe on the legitimate rights of other owners?

The actions of the owners 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 conduct friendly consultations with the owners involved, requiring them to stop infringement, or intervene in the consultation through property, business committees, and community solution agencies, and require 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.

Source: Rule of Law Daily

Editor: Lu Xiu Feng

First review: Gao Chenxi

Finally review: Zhang Nan

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