Provisions of civil law on water leakage upstairs

Legal analysis: If the upstairs owner does cause the downstairs residents to "get into the water" due to the decoration or laying of water pipes, the upstairs residents should find out the cause of water leakage in time and carry out maintenance, and should also be liable for the damage caused by their improper behavior to the downstairs residents. For the problem of water leakage, first of all, we must determine the cause and responsible person of water leakage through the quality inspection department of the house. If it belongs to the quality problem of the house itself, you can ask for property maintenance. If it is caused by a neighbor, you can ask the other party to restore the original state. If it cannot be restored to its original state, you can claim compensation. If the other party refuses to pay compensation, it can sue, but it is suggested to solve it through consultation.

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

Article 296 Where the owner of a realty uses an adjacent realty for water use, drainage, passage, pipeline laying, etc. We should try our best to avoid causing damage to neighboring real estate owners.

Article 165 Where an actor infringes upon the civil rights and interests of others through fault and causes damage, he shall bear tort liability. If the actor is presumed to be at fault according to the law and cannot prove that he is not at fault, he shall bear tort liability.

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.

Article 184 If the property of another person is infringed, the property loss shall be calculated according to the market price at the time of loss or other reasonable methods.