Job Recruitment Website - Property management - How to solve the problem that my neighbor built a house and occupied my house? Isn't it illegal for him to demolish?
How to solve the problem that my neighbor built a house and occupied my house? Isn't it illegal for him to demolish?
First of all, it depends on whether his house has the examination and approval procedures. If there is, it is a legal building. If not, it is illegal construction. Illegal buildings are illegal buildings and should be demolished. Legal buildings (including temporary buildings within the service life) are protected by law. If Didi damages your interests, you have the right to ask them to stop the infringement, take effective measures to repair the Didi problem and compensate your actual losses. However, it should be pointed out that the dripping problem of legal buildings belongs to the category of adjacent relationship and is a legal relationship in civil law. The General Principles of the Civil Law stipulates that the neighboring parties of real estate should correctly handle the neighboring relations in terms of drainage, transportation, ventilation and lighting in accordance with the spirit of being conducive to production, facilitating life, solidarity and mutual assistance, and fairness and reasonableness. Neighborhood requirements are necessary tolerance between neighbors. So if the neighbor's house is legal and has been built, there is no possibility of renovation, then you can only ask for compensation, but you can't ask him to tear down the house. Because the loss of Didi is obviously too light compared with the value loss of house demolition. In the case of Wang Hui v. China Resources Land (Beijing) Co., Ltd. (Beijing No.1 Intermediate People's Court 2004- Zhong Min ZZ No.0/0582), the Beijing No.1 Intermediate People's Court also pointed out that in practice, it is rare to obtain benefits solely for the purpose of harming the rights of the other party. Because the legitimate interests of society, the collective or most people are intertwined with the legitimate rights and interests of individuals, it is more common. When dealing with the above problems, if the solution is simply to remove obstacles and restore the original state, it will not only balance the interests of all parties, but sometimes intensify contradictions. There is a conflict between the legitimate rights and interests of all property owners and society and the interests of individuals. Balancing this interest relationship should be the key to how to apply the law. Although demolition can protect their legitimate rights and interests, this requirement obviously conflicts with the interests of most other property owners and the whole society, and the court should not support it. The compensation standard is the key, and the service life of the house must be considered. At present, with the separation of ownership of houses and land, the service life of houses depends on the service life of the land occupied by houses. From being blocked to the expiration of the service life of the house, the owner's rights and interests based on the house always exist, so if there is an irreversible adverse impact on his property, this impact will always exist with the service life of the house, so the remaining service life of the house should be considered. In addition, the price of buying a house and the current situation of the house should also be considered together.
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