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Mutual right and photograph adjacent authority not allow to encroach
From;  Author:Stand originally

One, do sth without authorization sets the door to encroach Laowang of mutual right   and Laozhang is upstairs and downstair old neighbour, two relationships had been held out all the time, but since 6 years before, after the stair place that Laowang leads to 7 buildings in 6 buildings installed gate of a guard against theft, two relations begin insecurity, make in the heart when old Zhang Yi sees that door heart. In June 2005 portion, laozhang told Laowang the 2nd times the court. The court adjudicated recently: Old Wang Jiabi must demolish door of guard against theft inside deadline. The case answers put: Mr Zhang lives in some dweller building 6 buildings, upstairs living Mr Wang, in October 1999, mr Zhang discovers amazedly, mr Wang is before his door 6 to 7 buildings the place of pedal of the 2nd stair of initial step installed a guard against theft to cut off the door, built wall of one office next door along stair armrest. Because Mr Zhang does not agree with Mr Wang to build guard against theft the door and build a wall, find a lot of branches to reflect a problem early or late, fail all the time however be successful. But, 2000, mr Zhang to to lodge a complaint of court of apanage peace district, upstairs ask Mr Wang dismantles structure of violate the rules and regulations. But because architectural of violate the rules and regulations is maintained, demolish do not belong to a court administer limits, forensic ruling is rejected sue. In June 2005, mr Zhang tells Mr Wang the court again, request court sentences your the accused to stop tort, remove an obstacle, reinstate building original state. And argue of gentleman of the accused king says, when stair undertook sealing blocking up 1999, mr Zhang not demur. Forensic court decision: Forensic cognizance thinks, this the appeal since accuser begs the accused to stop tort, remove an obstacle, restore building original state to belong to a court to try limits. Former, the accused fastens photograph adjacent relation, and photograph adjacent just is each when exercise right, prevent when the attention, avoid to be caused to photograph adjacent damage. The mutual part of construction industry puts in all owner 's charge to share, and gentleman of the accused king seals the 6 corridor to 7 buildings, enroach on the mutual right of other owner, wayleave, to accuser the life of Mr Zhang also was caused cloggy. Final, the court adjudicates deadline of gentleman of the accused king demolishs installation to be in lawfully 6 cut off the door to the guard against theft between 7 buildings, reinstate corridor original state. " matter right law " relevant provision: Collective and mutual person is praedial to what share movable perhaps and collective enjoy have, use, the right of accrual and punish; What punish shares is praedial or movables and praedial to what share movable perhaps make heavy overhaul copy, ought to share a person of 2/3 above by the portion via holding share or all collective and mutual person agrees; Owner should abide by the administrative stipulations of an agreement that law, code and owner conference make, owner conference and owner committee are built to violate the rules and regulations, the embankment of refuse payment property behavior that damages other to close right increase, have right according to law, code and administrative stipulations of an agreement, requirement behavior person stops enroach on, remove an effect, exclude loss of obstructive, compensation. 2, the owner that establishs rockery to block a window to encroached   of photograph adjacent authority to buy 1 building to take garden room people, often like to build a flower to wear inside the garden, build rockery, do sculpture to wait, make a garden some more good-looking. But be in imperceptible in perhaps with respect to enroach on the photograph adjacent of other owner counterpoises. A few days ago, guangzhou time one village Cai surnames Yu owner goes in for sth in a large scale inside 1 building garden building, the result is sentenced to make demolish by the court add construction to apply.
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