How to open the proof of suing upstairs for leaking property?

In our daily life, most friends certainly rarely encounter the problem of water leakage upstairs, but once it happens, it is a troublesome thing to deal with, so we must divide our responsibilities and ask for compensation. So how do you hit the leaking real estate license upstairs? The following is the relevant knowledge I have compiled for you, hoping to help you.

In our daily life, most friends certainly rarely encounter the problem of water leakage upstairs, but once it happens, it is a troublesome thing to deal with, so we must divide our responsibilities and ask for compensation. So how do you hit the leaking real estate license upstairs? The following is the relevant knowledge I have compiled for you, hoping to help you.

1. How can I call the real estate license if there is water leakage upstairs?

In fact, you don't need a certificate from the property, just take photos, save relevant evidence and negotiate compensation with your neighbors. If negotiation fails, a lawsuit may be brought to the people's court for infringement of adjacent relations. If the property is to issue a certificate, just write down the time, place, parties and causes and effects.

Second, the definition basis of neighboring rights.

Real estate users generally need the convenience and cooperation of neighboring real estate users to maximize the land use value, facilitate construction and live comfortably and peacefully. In fact, mutual assistance and cooperation between neighbors has always been a traditional virtue of human beings. As the saying goes, "a distant relative is not as good as a close neighbor", which is enough to explain the intimacy of the relationship between neighbors. Intimate relationship can neither make people live in harmony, but also easily breed neighborhood disputes. Although all social systems ultimately seek harmony and happiness in human life, civil law is more diligent in this respect, but there are still disputes between people. On the one hand, it is related to the degree of human civilization, which is a slow process and requires the cooperation of various systems; On the other hand, it is also related to the unclear definition of property rights and the unclear relationship between human rights and obligations. If there is any reason to be tolerant of the former, it is the unshirkable obligation of the law to the latter. Based on this, the law has the obligation to clarify the rights and obligations of real estate users.

Third, the related differences of neighboring rights.

Neighborhood is the neighboring right of real estate (hereinafter referred to as neighboring right), which refers to the rights and obligations of neighboring real estate owners or users when exercising ownership or use rights, due to the expansion or restriction of their rights.

Easement refers to the right to use other people's land for their own convenience and benefit, and it is a usufructuary right to control other people's land in order to increase the use value of their own land.

At present, China's current laws only stipulate neighboring rights, but not easements. Although both of them are to give full play to the economic benefits of adjacent or adjacent real estate and are closely related to the use of real estate, they are two different property rights systems and cannot replace or contain each other. The main differences between them are as follows:

First of all, as far as the reason is concerned, that is, the most essential difference between neighboring right and easement, neighboring right is directly stipulated by law and is a legal right based on real estate rights, which can take effect immediately to a third party without registration; The acquisition of easement is mainly based on legal acts and generally agreed rights. If it can be based on the contract agreement of the parties, but this behavior belongs to the act of creating property rights, both parties should go through the establishment registration with the real estate registration authority. In addition, easements can also be obtained by will, inheritance or prescription.

Secondly, in the scope of adjustment, the neighboring right is the smallest adjustment of the neighboring relationship by law, and there are few restrictions and expansions on the ownership or use right of real estate; Easement, as a right agreed by both parties beyond the boundaries of neighboring rights, restricts and expands the ownership or use right of land to a greater extent. It can make use of the characteristics of its autonomy in private law to make up for the limited content of neighboring relations stipulated by law, so that it can effectively use real estate resources such as land, better exercise its rights, and put forward higher convenience requirements for the other party. They are complementary legal systems.

Thirdly, in terms of the existence conditions, the existence conditions of neighboring rights are that the real estate of the right subject must be adjacent, and the neighboring relationship embodied by neighboring rights applies to both adjacent land and adjacent buildings. However, it is generally believed that the adjacent relationship will only occur on two adjacent pieces of land with different ownership, while the easement will only occur between the land owners or users, and the reflected adjacent relationship is only applicable to the adjacent relationship of the land, not limited by whether the land is adjacent or not. For example, people who need services build canals at the service site, which are subject to water sources and do not require the service site to be adjacent to the service site.

Finally, in terms of the term of rights and whether it is paid, the term of easement can be agreed by the parties, and whether the easement is paid depends on the way of setting the easement and the agreement between the two parties; Neighboring right is directly stipulated by law, and its term is legal, usually free of charge.

That's all I've sorted out for you about how to prove that the property upstairs is leaking. It is not difficult to know from the article that the real estate does not need to issue a certificate. Just take photos, save relevant evidence and negotiate compensation with neighbors. If no agreement can be reached, a lawsuit can be brought to the people's court on the grounds of infringement of adjacent relations.