“The house is my own, and I can change it as I want!” In a residential area in Chengdu, an owner changed the original orientation of the entrance door, causing the public passage to become narrow, affecting the traffic safety of neighbors, and causing conflicts between neighbors. If conflicts arise, go to court.
Does the entrance door open inward or outward? Can the owner make changes at will? On October 31, reporters from West China Metropolis Daily and Cover News learned from the Chengdu High-tech Court that the court recently heard a case of neighbor disputes arising from changing the entrance door. The owner who changed the direction of the entrance door was sentenced to be restored to the original state. .
Ayong is the owner of Room 601, and Xiao Rui is the owner of Room 602 on this floor. The houses of both parties are adjacent. When the house was delivered, the entrance door of Ayong\’s house opened outwards and that of Xiaorui\’s house opened inward. Later, Xiaorui changed the entrance door of Room 602 to a 180-degree outward-opening door. Ayong believed that Xiao Rui privately changed the entrance door to an outward opening, which seriously affected his sight and passage, and asked Xiao Rui to rectify the door. After communication and negotiation between the community, the property management department and other parties, the two parties did not reach an agreement. Later, Ayong sued Xiaorui to the High-tech Court.
The High-tech Court held that the entrance doors of the two houses involved in the case were vertically adjacent, and people in Room 601 must pass through the public passage outside the entrance door of Room 602 when going out. Although the entrance door of Room 602 was renovated Later, it opened 180 degrees, but it could easily hit the residents of Room 601 when opening the door, and affected the smooth flow of public passages. Therefore, Xiaorui was ordered to restore the entrance door of Room 602 to the original state designed by the developer.
The legitimate rights and interests of neighbors cannot be harmed
The \”Civil Code\” stipulates that civil subjects engaged in civil activities must not violate the law or violate public order and good customs. Carrying forward the core socialist values is the basic moral norm for citizens, the basic moral code that citizens must abide by, and the basic value standard for evaluating citizens\’ moral behavior choices. \”Friendliness\” in the core socialist values emphasizes that citizens should respect each other, care for each other, help each other, be harmonious and friendly, and being good to neighbors is the inherent requirement of the socialist core values for the behavior of civil subjects in the context of this specific case. .
The judge reminded that when exercising their rights, house owners or users should do so in a manner that does not harm the legitimate rights and interests of other neighbors. If the exercise of rights causes harm to the person or property of a neighbor, the neighbor has the right to demand that the infringement be stopped, the danger eliminated, and the loss compensated. When dealing with neighboring relations, neighboring parties should adhere to the principles of benefiting production, facilitating life, solidarity and mutual assistance, fairness and reasonableness, understand each other, and negotiate solutions. If negotiation fails, you can request the People\’s Court to resolve the matter in accordance with the law. (West China Metropolis Daily – cover news reporter Song Xiao)
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