Property liability of air conditioning drainage pipe blockage

Residential owners enjoy the ownership of buildings. In addition to the proprietary part, the owner also has the right to use public facilities such as drainage. The pipeline used by the owner belongs to the owner. Although it is enclosed in the owner's home in sections, the pipeline is a drainage pipeline used by the owner of the whole building and should belong to the building. The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Disputes over Differentiated Ownership of Buildings distinguishes the exclusive part of a building from the * * * part, and it can be concluded that the drainage pipeline is indeed a part of a building, and there are common property damage compensation and infringement disputes caused by backwater caused by pipeline blockage.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 172 Where two or more persons commit tort separately, causing the same damage, and the liability can be determined, they shall bear corresponding liabilities; It is difficult to determine the size of the responsibility and share the responsibility equally.

Article 165 Where an actor infringes upon the civil rights and interests of others through fault and causes damage, he shall bear tort liability. The property service company has fulfilled the obligations stipulated in the property service contract, and there is no infringement or fault, so it is not necessary to bear the compensation liability for the plaintiff's losses.

Article 271 The owner shall enjoy the ownership of the exclusive parts of the building such as the residence and business premises, and the condominium of the * * * parts other than the exclusive parts.