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If water leaks from upstairs to downstairs, how to be responsible?
Legal analysis: if the water leakage is not caused by the people downstairs, it is the responsibility of the upstairs, and the upstairs has the responsibility to repair it until the downstairs no longer leaks, and compensate the corresponding losses downstairs. If the two parties fail to coordinate, they can bring a civil lawsuit for damages to the court, and the court will determine the extent of the damage and determine that the other party has caused obstruction or loss, and should stop the infringement, remove the obstruction and compensate for the loss. If the neighboring party fails to perform the court's judgment, the injured party may ask the construction team to repair it downstairs, and the expenses incurred may be claimed by the upstairs owner to the court. In actual trials, judges often think that houses use exclusive parts of walls, floors and pipes, and the maintenance costs should be borne by both sides of the walls or the owners of the upper and lower floors of the building. However, if the maintenance reason can be attributed to the owner, the expenses shall be borne by the owner.
Legal basis: Article 288 of the Civil Law of People's Republic of China (PRC), the neighboring owners of real estate shall correctly handle the neighboring relationship according to the principles of being beneficial to production, convenient to life, solidarity and mutual assistance, and fairness and reasonableness. Property management disputes caused by water leakage upstairs can be judged according to the principle of fault liability in civil law.
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