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The installation of elevators in the old residential area was blocked.
2024-05-14
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Elevators were added to old houses, and the owners of neighboring buildings repeatedly obstructed them on the grounds of affecting traffic and lighting, resulting in shutdown for several months and delays in putting elevators into use. Recently, the People's Court of Tongnan District, Chongqing City concluded a dispute over adjacent relations and ruled in court that the owners of neighboring buildings should not obstruct or prevent them.
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A residential area in Tongnan is an old residential area without elevators. Chen Mou and other 13 people are the owners of Unit 2 of Building B in the residential area. Zhang is the owner of Unit 1 of Building C adjacent to the residential area. After the application of 13 people including Chen, the planning department reviewed and issued the "Construction Project Planning Permit" and agreed to add elevators between the two unit buildings to solve the travel problems of the residents of the unit buildings. During the construction period, Zhang said that the addition of elevators would affect the lighting and traffic behavior of the house, hindering the construction many times, resulting in the construction stagnation for several months. After many consultations, it is difficult for the two sides to reach an agreement. For this reason, Chen Mou and other 13 people sued to Tongnan Court, requesting that Zhang not obstruct or prevent the addition of elevators.
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After the trial, the court held that the owners should properly handle the addition of elevators based on the principles of convenience of life, unity and mutual assistance, fairness and reasonableness, and give necessary tolerance and cooperation to the addition of elevators. The number of owners and building area who agreed to install elevators in a certain community have reached the standards stipulated in the the People's Republic of China Civil Code, and the "Construction Project Planning Permit" was reviewed and issued by the planning department. Therefore, it is legal for 13 people including Chen to add elevators. behavior. Zhang is the owner of the ground floor of the adjacent building and has the obligation to tolerate the construction of additional elevators. If the addition of elevators does have an impact on ventilation, lighting, passage, etc., the parties may negotiate separately on the compensation issue, or resolve it through legal channels, but shall not obstruct or hinder the elevator installation process on this ground. Therefore, the judgment supports the plaintiff's claim, and Zhang is not allowed to obstruct or prevent the addition of elevators.
Source: Tencent News
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