Can the owner sue for illegally entering the community?

First, can the property company sue the community owners for illegal construction?

The first floor and the top floor of the residential area are the areas where owners often build illegal buildings, and the owners' illegal buildings are usually not effectively planned and designed. This makes the illegal buildings in the community often affect the rights and interests of other neighbors, such as lighting rights, right of way and other rights, and also increases the risk of accidental infringement of community owners. This kind of illegal building that infringes on the legitimate rights and interests of the owners of the residential area can be punished by the relevant departments, and the demolition work can be carried out according to different situations.

Second, it is illegal.

(1) Not approved by the planning and land management departments;

(two) although approved by the relevant departments, but by deception to obtain approval procedures and documents;

(three) although approved by the relevant departments, but the approval content violates the provisions of laws and regulations.

Therefore, it can be said that illegal buildings are essentially houses and facilities built in violation of the Land Management Law, the Urban Planning Law and other relevant laws and regulations.

Third, the prosecution procedure.

1. When a party files a lawsuit, it shall first submit an indictment and submit corresponding copies according to the number of the other party. If the parties are citizens, the names, gender, age, place of origin and address of both parties shall be stated; If the party is a unit, the name, address, legal representative or person in charge of the unit shall be stated. The body of the indictment shall specify the facts and reasons for the request and prosecution, and the tail shall be signed or stamped with the official seal.

2. According to the principle of "whoever advocates gives evidence", the plaintiff shall submit the following materials to the court:

1) materials of plaintiff's subject qualification. Such as the original and photocopy of the resident ID card, residence booklet, passport, home visit certificate for Hong Kong and Macao compatriots, marriage certificate and other evidence; If the enterprise is the plaintiff, it shall submit a copy of the business license, business registration certificate and other materials.

2) Evidence to prove the plaintiff's claim. Such as contracts, agreements, creditor's rights documents, receipt and delivery vouchers, letters, etc.

3. When submitting documentary evidence to the court, the parties shall fill in the list of evidence in duplicate, indicating the name and pages of the evidence submitted. After the evidence is verified by the court undertaker, the undertaker shall sign and seal the evidence list, one for the parties and one for the file.

4. The filing court shall, within seven days after the parties perform the necessary procedures and submit relevant evidence materials, handle the filing procedures for those who meet the filing conditions; Those who do not meet the conditions for filing a case shall be ruled inadmissible according to law.

5. The parties shall pay the case acceptance fee and other litigation fees in advance within seven days from the date of receiving the notification of acceptance. If there are difficulties, you can submit a written application for reduction, deferment and exemption to our hospital during the advance delivery period. If they fail to pay the fee within the time limit or the written application for deferment, deferment or exemption is not approved, our hospital will decide to withdraw the lawsuit automatically.

6. After filing the case, the court will arrange the trial of the case, and the parties should obey the work arrangement of the court. After closing the case, the litigation costs will be settled in the financial room, so as to make more refunds and less subsidies. To sum up, such illegal buildings that infringe upon the legitimate rights and interests of community owners can be administratively punished by relevant departments and dismantled according to different situations.

Legal objectivity:

"Property Management Regulations" Fiftieth owners and property service enterprises shall not occupy or dig roads and sites within the property management area without authorization, which will harm the interests of owners. Because of the maintenance of property or public interests, the owners really need to temporarily occupy or dig roads and sites, and shall obtain the consent of the owners' committee and the realty service enterprise; If it is really necessary for a realty service enterprise to temporarily occupy or dig roads and sites, it shall obtain the consent of the owners' committee. Owners and property service enterprises shall restore the roads and sites temporarily occupied and excavated to their original state within the agreed time limit.