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Who is responsible for the leakage of the sewage pipe upstairs?

Legal analysis: If the downstairs residents didn't deliberately destroy it, the upstairs residents should be responsible. If there is damage downstairs, the upstairs residents should also bear the corresponding liability for compensation. If it causes obstruction or loss to the neighboring party, it shall stop the infringement, remove the obstruction and compensate for the loss. If the neighboring party fails to perform the court's judgment, the injured party may ask the construction team to repair it downstairs, and the expenses incurred may be claimed by the upstairs owner to the court. When we find that the drain pipe under the roof of the bathroom is leaking, we should first inform the residents upstairs, tell them that the drain pipe in the bathroom is leaking, and let them repair it. At the same time, tell them not to use the bathroom before maintenance, otherwise it will cause damage to the downstairs and need compensation. If the owner upstairs ignores this matter and refuses to maintain it, then we can go to find a property next. Let the property coordinate the handling. If the property can't be solved, you can go to the community neighborhood Committee at this time. Because community neighborhood committees specialize in dealing with these problems, we can go to them to deal with them.

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

Article 286 The owner shall abide by the laws, regulations and management regulations, and the relevant actions shall meet the requirements of saving resources and protecting the ecological environment. For property service enterprises or other managers to implement emergency measures and other management measures implemented by the government according to law, the owners shall cooperate with them according to law. The owners' assembly or the owners' committee has the right to ask the perpetrator to stop the infringement, remove the obstruction, eliminate the danger, restore to the original state and compensate for the loss of any act that damages the legitimate rights and interests of others, such as dumping garbage at will, discharging pollutants or noise, raising animals illegally, building illegally, occupying passages illegally, refusing to pay property fees. If the owners or other actors refuse to perform relevant obligations, the parties concerned may report or complain to the relevant administrative departments, which shall deal with them according to law.

Article 287 The owner has the right to require the construction unit, the realty service enterprise or other managers and other owners to bear civil liability for acts that infringe upon their legitimate rights and interests.