Legal advice: should I compensate the property or my family for the overflow of the sewer downstairs?

Find out the water leakage before making a judgment:

Upstairs sewer backwater, leakage, first of all to dredge. In order to find out the situation, the damaged owner can ask the house quality inspection department to identify the cause of water leakage and how to maintain it. Moreover, it depends on whether the house is still under warranty. Generally, the newly bought house has a waterproof warranty of 5 years and a pipeline warranty of 2 years.

1. If the water leakage of the house is not man-made, and it is still within the warranty period, the developer should bear the corresponding responsibilities, then the sewer is property compensation.

2. If it is not within the warranty period, you can explain the situation to the downstairs or neighbors through the coordination between neighbors, put forward maintenance requirements and compensate the other party for the losses caused during the maintenance period.

Extended data:

Article 79 Buried or hidden objects whose owners are unknown belong to the state. The receiving unit shall give praise or material rewards to the units or individuals turned over.

Lost property, drifting objects or stray animals shall be returned to the owner, and the expenses incurred therefrom shall be reimbursed by the owner.

Article 80 State-owned land may be used by units under ownership by the whole people or units under collective ownership according to law, and the state protects its right to use and income. Users have the obligation of management, protection and rational utilization.

The right of citizens and collectives to contract and operate collectively-owned land owned by collectives or the state according to law is protected by law. The rights and obligations of the contractor shall be stipulated in the contract according to law. Land may not be bought, sold, leased, mortgaged or illegally transferred in other forms.

Article 81 Natural resources such as forests, mountains, grasslands, wasteland, beaches and water surfaces belong to the state.

State-owned mineral deposits can be mined by units under ownership by the whole people and units under collective ownership according to law, or by citizens according to law. The state protects legitimate mining rights. Citizens and collectives have the right to contract for the management of forests, mountains, grasslands, wasteland, beaches and water surfaces owned by collectives or by the state according to law, which are protected by law. The rights and obligations of the contractor shall be stipulated in the contract according to law. Mineral deposits and streams owned by the state, woodland, mountains, grasslands, wasteland and beaches owned by the state and collectively owned by the law shall not be bought, sold, leased, mortgaged or illegally transferred in other forms.

Article 82 An enterprise owned by the whole people enjoys the right to operate the property entrusted to it by the state and is protected by law.

Eighty-third adjacent parties to real estate should correctly handle the adjacent relations such as water interception, drainage, transportation, ventilation and lighting in accordance with the spirit of convenient production, convenient life, solidarity and mutual assistance, fairness and reasonableness. If it causes obstruction or loss to the neighboring party, it shall stop the infringement, remove the obstruction and compensate for the loss.

References:

Baidu encyclopedia of general principles of civil law