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In daily life, inter-neighborships are the most prone to contradictions, not daily triflings, but real disputes over rights, such as leaking houses, noise disturbance and the occupation of public spaces. In particular, high-level housing, where water leaks downstairs, is a problem for many households。
The first reaction was to go to the door for consultations, to find property mediation, to communicate, to compromise, and, finally, to the other. The real neighbourhood dispute that we are talking about today took place in the general neighbourhood, where a man downstairs suffered from a leaking upstairs for three years, with the facade of the wall, damage to furniture and repeated communication to no avail。
Unlike most of the people, who were not noisy, who were not noisy, who were doing his job in accordance with the law, and who used a formal and legal method, the three-year-old upstairs neighbour took the initiative to come to the door and apologize, as well as to bear all the costs of maintenance and compensation, thus overcoming the three-year leak problem. It is a method that ordinary people can learn to comply legally throughout, without loss or violation, and share it with you today。
It began three years ago when the man, who was 62 years old, retired and lived in an old neighborhood in the city, where he had been living for more than a decade. Three years ago, on a rainy day, he suddenly found water stains on the ceiling of his living room, beginning with a small wet mark, which he thought was a return to the tide, not too caring。
In a few days' time, however, the water had grown, and the rubber paints on the corner of the wall began to rise and fall, and occasionally the beads were seen permeating the wall. The master immediately realized that this was not a wall return, but a leak from upstairs to his home。
There is a young couple upstairs who are busy at work and who rarely move between their neighbours. In a spirit of peace and harmony with his neighbours, he went upstairs to knock on the door at the first moment and explained the leaks peacefully to the other side, hoping that he would examine the household pipes, protect the water, repair it as soon as possible and avoid further leaks。
At first, the neighbours were kind enough to say that they would come to the house for water and plumbing repairs on the weekend. He's also reasonable, thinking about the neighborhood, and he doesn't have to be embarrassed, so he'll go home and wait for repairs。
But what i didn't know was that this was a long way off。
After the weekend, there was no maintenance on the floor, and not only did the facade of the wall improve, but it was becoming worse. If water is used upstairs, water permeates below the floor, and the living room and the two-side wall is coarse and dark, the wooden closets of the lord's house, the couches placed against the wall are immersed in the water so long as they become deformed and the tide is damaged。
He went upstairs from three to five and spoke to me a dozen times. In the beginning, the neighbors would have said that they would fix it immediately and in a few days. Many times, the other side has become impatience and attitude has become extreme, and every time a man comes to the door, he has a cold face and even goes straight to the door。
It's even worse, the upstairs neighbors are just messing up and telling the master that the house belongs to my house, that i can't fix it, that leaking water is a minor matter, that doesn't affect your living。
Over the past three years, water leaks have been repeated, the rainy season has been particularly severe, the walls of the house have been falling, the furniture has become more and more damaged, and the family has a constant smell of damp and misty, seriously affecting daily residence and life。
To solve the problem, he has tried the usual methods. The first was to look for small-area properties, which were repeatedly visited by property staff and identified as damage to the downstairs as a result of leaking water from the upstairs household, as well as several visits to advise and persuade the upstairs owner to perform repairs。
However, the property has only the right to mediate and inform, and no enforcement power. The upstairs owners did not cooperate with the property at all and refused to maintain it, regardless of how the property communicated. After many unsuccessful attempts to mediate the property, the property had to be set aside and told the master that they had no other option but to consult with their neighbours。
This was followed by a visit by the grand master to the community house council, where community workers conducted mediation on two occasions, also with little success. The neighbors upstairs are still doing what they think they can. They still don't repair, pay no compensation and fix things。
Relatives and friends around the house have advised the master either to feel bad or to pay someone to fix the wall and deal with leaks, and there is no need to take care of it; others have advised the master to fight directly with each other and block the door。
But it is clear to the master that if he considers himself to be in vain and his house and furniture have been damaged for three years, why should he bear the loss himself? The extreme methods of fighting, messing and blocking not only do not solve fundamental problems, but also tend to exacerbate contradictions and even provoke physical conflicts, which may lead to violations of the law and order。
Three years of tolerance and compromise, in exchange for the other side's strength. The lord has fully understood that the harmony of the neighbourhood is mutual, that it is self-inflicted and that the other side has violated its legitimate rights and interests at will, and that there is no need to speak out and defend them directly by legitimate means。
Subsequently, instead of entering the house to argue, looking for property and the community, he did three things, and was the most important and effective way of resolving the water spill: fixed evidence, professional damage, legal defence。
Many people have failed to defend their rights, and the biggest problem is that no valid evidence is retained, no record of oral communication is recorded and no one can prove the facts after the fact. The lord is aware of this, and on the first day of his decision to defend his rights, he began to systematize all evidence。
First, he made a full-scale video of the leak in his home using his mobile phone, including all images of water seepage from the ceiling, molded skins on the wall, and the deformation of the furniture, with rooms, angles and dates. In every case of serious leaks, photographs and videos were kept in time, and all leak-damaged images were kept for three years。
Secondly, the grand master has prepared all the communication records for the past three years, including micro-clinics, audio recordings of door-to-door communication, records of property and community mediation, and certificates of leakage from property. All evidence of prolonged leaks and repeated refusals to correct the upstairs is kept in full and documented。
When the evidence was fixed, the grand master did not make blind complaints, but instead approached the local formal housing inspection agency, came to the house to conduct a professional examination of the cause of the leak and the extent of the damage, and produced a legally binding leak detection report for the house。
The report clearly indicates that the direct cause of the damage to the downstairs is the deterioration of the upstairs residential bathroom, the faeces of the balcony and the leaking of the drainage pipes, together with a detailed description of the wall, the extent of the damage to the furniture and the extent of the damage. This professional report is the central hard evidence in the defence of rights and has more legal force than oral statements or ordinary photographs。
Upon receipt of the test report, the master also calculated the amount of the specific loss, based on the market conditions for the repair of the house and the replacement of furniture, and compiled a detailed list of losses, including all reasonable losses arising from the leaks, such as the renovation of the wall, the maintenance of the furniture and the deodorant costs。
When all the evidence, reports and lists were ready, the grand master formally filed a civil action with the local people's court. The claim was simple: the owner of the building was asked to repair the leak thoroughly, to eliminate subsequent leakage and to pay full compensation for all the economic losses he had suffered for the past three years。
When many ordinary people hear a lawsuit, the first reaction is trouble, money, time, but the neighbourhood water spill is a simple civil dispute and the process is very simple. In particular, in cases where the facts are clear and well-documented, there is no need for a lawyer at all, they can proceed on their own, the costs of the proceedings are low and the ultimate costs are borne by the losing party。
Soon after the court case was opened, the upstairs owner was contacted. At first, the neighbours of the upstairs were still not convinced that it was a small leak and that the master was just intimidating himself, still being tough and refusing to cooperate with the mediation。
However, when court staff produced the complete body of evidence submitted by the master, including many years of leaking images, communication records, property certificates, professional testing reports, and loss lists, the upstairs neighbours were in a state of panic。
The staff member has clearly informed the owner of the building that, in accordance with the relevant provisions of the civil code of the people's republic of china on the right to a neighbour, the neighbouring rights holder of the immovable property shall properly deal with the neighbouring relationship in accordance with the principles of favourable production, convenience, solidarity and fairness。
The leaking of upstairs houses, causing damage to the downstairs household's property, living environment, is a clear violation. The injured party has the right to demand that the infringer cease the violation, remove the obstruction, repair and repair the damage, and compensate for the total economic loss。
If the court were to hold a formal hearing, it would not only immediately pay for a complete clean-up of the leak, paying all the damage to the master in full, but would also leave a record of the civil dispute. More importantly, if the sentence remains unenforceable, the court may enforce it and place it on a list of missing persons, which affects a range of everyday life, including correspondence, travel and consumption。
Having heard these consequences, and again looking at a body of valid and legitimate evidence, the neighbours upstairs for three years have completely lost their temper. It is only then that they realize that this seemingly gentle man is not a bully, and this time he's really moving on。
In order to avoid losing the trial and leaving a bad record, the husband and wife upstairs immediately took the initiative to find the master, to change their pre-existing arrogance, to apologize with the utmost sincerity, to admit their mistakes over the past three years, to apologize for their prolonged maintenance and bad attitude, and even to ask the master to withdraw his complaint and to be in a position to cooperate fully with all modifications and compensation。
In just a few days, he contacted the professional water-protector on his own initiative, completely retrofitted the house, replaced the aging pipe and addressed the problem of leakage at its root. It then paid the full cost of the repair of the wall, the damage to the furniture and the decomposition of the house, in accordance with his actual losses, and repeatedly pleaded with him for forgiveness。
After three full years of leaking problems, with no quarrels, no conflict, and a perfect solution based solely on legitimate rights-based defence, the man has preserved his legitimate rights and interests and made the other party aware of his mistakes。
Indeed, the fact that the vast majority of water spills in the neighbourhood have not been resolved for a long period of time is due to the fact that many people argue over and over again, do not know how to retain evidence and do not know how to defend their rights. Tolerating is to be seen as weak, blind arguments only exacerbate tensions, and the last issue remains unresolved。
In combination with this real case, a complete process of water leaking from the upstairs, which can be replicated directly by ordinary people, is legally complied with, simple and operational, and is directly relevant to the same issue。
First step, fix the evidence on the ground. Upon detection of a leak, photographs and videos were taken, recording the location of the leak, the permeability, damage to the wall furniture, and the latest images were kept and the time indicated for each leak. At the same time, all communication records and recordings with neighbours and properties are kept and no records are deleted。
The second step is to apply for a written certificate from the property and community. It is important to support the fact that property mediation is not only verbally, but also requires that the property, after a door-to-door examination, produce a written certificate of leakage with a stamp, recording the cause of the leak, the duration of the leak and the ineffectiveness of multiple conciliations。
In the third step, regular institutions are approached for professional testing. In cases of large losses and non-cooperation by the other party, it is necessary to conduct leakage tests of official houses, produce legal effects reports, and prepare a detailed list of losses, identifying their economic losses。
In the fourth step, the consultations did not lead to a legal defence. Once the evidence was complete, the other party was finally consulted and informed of the deadline. Those who continue to refuse redress and compensation, bring civil proceedings directly before the courts without having to contend with their neighbours and legally defend their rights and interests。
In conclusion, i would like to say that neighbourhood harmony is based on mutual respect and non-aggression. We are willing to be tolerant and nurturing; but in the face of long-standing abuses and uncorrected behaviour, it is the bottom line that bravely takes up the defence of legal weapons. There is no need to bear the loss of property and housing for so-called neighbourhood reasons。
In the face of neighbourhood problems such as leaking water and noise, do not tolerate noise or impulsive disturbances, and do so in accordance with the normal process, so as to be able to solve problems efficiently and to ensure that they are legal in their entirety, without loss or disruption。
Today's topic: have you ever experienced a leak upstairs, a disturbance in the neighborhood? What did you do? We welcome comments and discussions in the comment area to share our own experience in defending human rights. The content is considered to be useful, with some attention to be appreciated, and there is a continuous sharing of ground-based rights-based goods。
