My neighbor deliberately blocked my sewer. How can I protect my rights?

Deliberately blocking the sewer and affecting the normal life of others is a tort in law and should bear the legal responsibility for civil tort. As a victim, you can ask the other party to stop the infringement, apologize and compensate for the losses. If negotiation fails, the victim may also bring a lawsuit to the court according to law.

According to the provisions of the General Principles of Civil Law of People's Republic of China (PRC):

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.

Extended data:

Case: infringement of neighboring rights is responsible.

Living at home, neighbors will inevitably bump into you. The upstairs neighbor Cheng Jiaxin's kitchen water pipe burst and leaked, which caused the ceiling and walls of Wang Zhijia's house downstairs to be damp, moldy and even shelled, which made Wang Zhi very depressed. In desperation, she can only move out to rent a house. After the incident, the two sides failed to negotiate, so Wang Zhi had to take her neighbor Cheng Jiaxin to court.

Wang Zhi and Cheng Jiaxin are the owners of Room 8A307 and Room 8A407 in the Golden Bund Community of Regent Road, Haikou City, respectively. They are neighbors upstairs and downstairs. 20 1 165438 February, the hose connected to the faucet of Chengjia Xinjia's vegetable basin broke and leaked, which caused the ceiling and interior wall of Wang Zhi's house to shell, peel off and mildew to varying degrees, and the wooden floor was wet.

After the water leak, Cheng Jiaxin immediately asked the property to replace the burst hose. However, the two sides failed to reach an agreement after repeated negotiations, so Wang Zhi took Cheng Jiaxin to court and demanded compensation for the decoration fee, rental fee, moving fee and so on * * * 2595 1 yuan.

The professional organization has not tested it, so it is impossible to determine the reason.

Cheng Jiaxin said that after asking professionals, I learned that there are many reasons for water leakage in houses, such as water leakage in external walls, broken rainwater pipes and lax pipe plugging. Without special inspection and appraisal, it is impossible to determine that the water leakage in the house is caused by the rupture of the water pipe.

Secondly, as early as 2009, after the house leaked, Cheng Jiaxin had entrusted the decoration company to replace the floor tiles, water pipes, wires and faucet switches in Room 407, and carried out waterproof and leak-proof and internal maintenance for Room 307, and conducted a water leakage experiment for 3 days and 3 nights. Confirmed by Cheng Jiaxin, Wang Zhi, decoration company and property management company, there is no water leakage.

The court decided to compensate the residents for more than 20,000 yuan.

Longhua Court ruled in the first instance that due to the defects in the hose laying and waterproof measures of Cheng Jiaxin's house, water leakage caused the house decoration and property loss of Wang Zhi, a neighbor downstairs, which damaged Wang Zhi's rights and interests. Therefore, Cheng Jiaxin should compensate Wang Zhi for the loss of 1645 1 yuan. Cheng Jiaxin, as the owner of the house, has the obligation to exercise management responsibility for the house.

Longhua Court ruled in the first instance that Cheng Jiaxin compensated Wang Zhi for the loss of decoration fee 1645 1 yuan and the loss of rent of 9,000 yuan, totaling 2,5451yuan. For the first-instance judgment, Cheng Jiaxin expressed dissatisfaction and appealed to Haikou Intermediate People's Court. 20 13 On August 20th, Haikou Intermediate People's Court rejected the appeal and upheld the original judgment. ?

References:

Phoenix. You should be responsible for infringing on others' neighboring rights.