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Is the yard fence on the first floor of the community illegal?
Legal analysis: first of all, it depends on whether the owner's yard on the first floor has property rights. If so, reasonable construction on your own land is personal freedom, not illegal construction. Secondly, with the approval of the planning department, the Ministry of Housing and Urban-Rural Development and other relevant departments, it is not illegal to build a building on the ground floor yard. If there are none of the above two, it is illegal construction. According to the property law and property management regulations, it is obliged to stop and forcibly restore the original state.
Legal basis: Article 267 of the Civil Code protects the lawful property of private individuals and prohibits any organization or individual from occupying, looting or destroying it.
Article 271 of the Civil Code states that the owner has the ownership of the exclusive parts of the building, such as the business premises, and has the right to co-manage the parts other than the exclusive parts.
Article 272 of the Civil Code stipulates that the owner has the right to possess, use, profit from and dispose of the exclusive part of his building. The owner's exercise of rights shall not endanger the safety of the building or damage the legitimate rights and interests of other owners.
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