Does the property have the right to dismantle the platform built privately in the community?

Representatives of the owners' meeting or owners' committee can come forward and negotiate with the neighbors who keep pets first. If negotiation fails, you can call the police or ignore persuasion. You can sue together with other affected neighbors. If a neighbor keeps a pet, he can claim compensation from the pet owner.

Specific case: residential area * * *, some poultry are built privately, which affects the clean environment of residential area and the normal life of neighbors.

Four neighbors sued Mr. Wang to the court on the grounds of removing obstacles, demanding that the privately built platforms, structures, pigeon nests, dog nests and bird nests be dismantled and restored to their original state, and at the same time demanding that Mr. Wang apologize in writing in the community.

Neighbors claim in the indictment that since June 5438+065438+ 10, 2006, Mr. Wang has used the flashing eaves and external walls of some buildings in the residential building where he lives to build platforms under the windows in the south, east and northeast, and welded iron cages to form a structure. However, it is unacceptable that Mr. Wang keeps dogs and chickens, even pigeons and birds, and piles up sundries in his expanded area, which causes the downstairs to be full of feces and stinks, causing neighbors to be unable to open windows all the year round, seriously polluting the living environment, breeding germs, spreading diseases and damaging the appearance of the building.

Neighbors said that Mr. Wang's behavior of raising animals seriously polluted the environment of the community, seriously interfered with the lives of neighbors, ruined the civilized fashion and undermined the prevention and control of swine flu. At the same time, Mr. Wang's behavior violated the Property Law and other relevant laws and regulations, and also violated the Convention on Community Civilization. After repeated discouragement and criticism of education by surrounding residents, neighborhood committees, urban management law enforcement teams, district governments and property management companies, Mr. Wang still refused, so neighbors took Mr. Wang to court.

The court held that the right to keep animals should not be abused.

It is understandable to raise animals for personal entertainment or production, but as animal breeders or managers, the animals they raise hurt others, disturb people or even pollute the environment, which is not the personal business of animal breeders or managers.

In this case, Mr. Wang used part of the residential building where he lived to build platforms and other structures privately, and raised animals and piled up sundries in the self-built platforms and iron cages, which led to the accumulation of foul smell of animal feces downstairs, and neighbors could not open windows all the year round because of Mr. Wang's behavior, which seriously affected the living order of neighbors.

The public part of the residential building originally belonged to all the owners, and private individuals are not allowed to occupy it for their own use. Mr. Wang ignored the rights of other residents and occupied part of the building where he lived, which violated the law. Raising animals and piling up sundries not only destroyed the environmental sanitation of Mr. Wang's residential area, but also damaged the life safety of residents. This is also an act of disrespecting social morality and even breaking the law. Therefore, neighbors have the right to claim rights from Mr. Wang in accordance with the provisions of the Tort Liability Law, requiring him to dismantle privately built platforms and other structures, and not to raise animals or pile up sundries in public places. If the damage in this case is caused by Mr. Wang's behavior, he can claim compensation according to law.

While raising and managing animals brings entertainment or production convenience to animal breeders, animal breeders or managers should abide by laws and regulations, respect social morality, strictly perform some necessary obligations and codes of conduct, and must not bring inconvenience to others' lives. Animal breeders or managers should fully consider the interests of others and raise and manage animals more scientifically and reasonably. Only in this way can we help create a more harmonious social order.

Due to the earlier occurrence of this case, the Tort Liability Law applicable at that time is now invalid, but the Civil Code has made more explicit provisions on related issues:

Article 286 The owner shall abide by the laws, regulations and management regulations, and the relevant actions shall meet the requirements of saving resources and protecting the ecological environment. For property service enterprises or other managers to implement emergency measures and other management measures implemented by the government according to law, the owners shall cooperate with them according to law.

The owners' assembly or the owners' committee has the right to ask the perpetrator to stop the infringement, remove the obstruction, eliminate the danger, restore to the original state and compensate for the loss of any act that damages the legitimate rights and interests of others, such as dumping garbage at will, discharging pollutants or noise, raising animals illegally, building illegally, occupying passages illegally, refusing to pay property fees.