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Adjacent infringement dispute cases and their handling

Legal analysis: upstairs leak downstairs bubble, upstairs compensation.

Liu He lives in the same building. Liu lives downstairs and upstairs. At the beginning of this year, Liu began to decorate the house, but when Liu was ready to move in, he found that the roof of the house was leaking in many places. The walls of the new house are wet and peeling, and the wooden floor is tilted. Liu found the property. The property believes that the leakage of Liu's house is caused by the upstairs residents. It is recommended to find a developer or an upstairs resident. Liu consulted upstairs, but he didn't think it was caused by the problem and was unwilling to pay compensation. They had a quarrel about it, and because of disagreement, Liu took the case to court. During the trial, the presiding judge asked a professional to conduct an investigation, and finally found out that the water pipe of Chen Mou's house was broken, which caused the roof downstairs to leak. After finding out the cause of water leakage, the judge analyzed the advantages and disadvantages with reason and patiently mediated the two sides. Finally, after mediation by the judge, he voluntarily repaired the damaged water pipe and compensated Liu for a loss of 2000 yuan. The two finally shook hands and made peace.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 166 Where an actor causes damage to the civil rights and interests of others, regardless of whether the actor is at fault or not, if the law stipulates that he should bear tort liability, such provisions shall prevail.

Article 167 Where an infringement endangers the personal and property safety of others, the infringed party has the right to demand the infringer to bear the tort liability of stopping the infringement, removing the obstruction and eliminating the danger.