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Chongqing First Industry's Main Court Claims to Remove the Elevator, Rejected by the Court
2024-05-14
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Chongqing First Industry's Main Court Claims to Remove the Elevator, Rejected by the Court
In order to improve the living environment, many residents of old communities organize their own elevators. In the face of the new elevator, the high-rise residents are looking forward to it, while some low-rise residents are very resistant. How to protect the rights and interests of both sides?Recently, the second intermediate people's Court of Chongqing Municipality concluded a dispute over neighboring rights caused by the installation of elevators in the second instance, and rejected the appellant's request to move or dismantle the installed elevators.
In order to facilitate life, some owners of a building in an old community in Wanzhou District, Chongqing City plan to add an elevator in the community. On November 30, 2019, all the owners of the building agreed to add elevators in the "owners' written consent", and du, the mother-in-law of Wu, the owner of the first floor, also signed the written consent. Later, the owner of the building, Wang and others, as the leader, applied to the relevant government departments. On January 15, 2020, Chongqing Wanzhou District Planning and Natural Resources Bureau announced the addition of elevators to the building, and no one raised any objection at the expiration of the publicity period.
After being entrusted by the owner, a company in Chongqing issued a quality and safety demonstration report on the elevator steel structure installation project of the building, demonstrating that the project is feasible and has no impact on the original building structure. The Housing and Urban-Rural Development Committee of Wanzhou District, Chongqing City filed the additional elevator project, and the Wanzhou District Planning and Natural Resources Bureau of Chongqing City issued a reply on agreeing to the addition of elevators in the building. The elevator can be put into use after the installation is completed and accepted by the quality inspection department.
However, Wu Mou took her mother-in-law Du Mou as an elderly person and did not know about the signing matters. The new elevator affected the ventilation, lighting and privacy rights of the house on the first floor. She asked the residents upstairs to stop the infringement, remove the nuisance and move or dismantle the elevator.
After hearing the case, the court held that the voting procedure for the addition of elevators in the case was in line with the law, and the examination and approval and construction procedures were legal. Wu did not raise any objection in the process of project planning and examination and approval, nor did he provide the basis for the damage of his ventilation, lighting and privacy rights, so he rejected his lawsuit.
After the verdict of the first instance, Wu refused to accept it and appealed to Chongqing No.2 Middle School.
The Chongqing Second Intermediate People's Court believes that the voting procedure for the installation of elevators involved in the case complies with the relevant provisions of the Civil Code, and the addition of elevators has been reviewed, approved and filed by the District Planning and Natural Resources Bureau, the District Housing and Urban-Rural Construction Committee and other departments, which complies with the law. Wu's appeal was rejected and the first-instance judgment was upheld.
Source: The Elevator Circle
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