The owner was sued by his neighbor for changing the orientation of the door without permission
2022-07-01
A report from our correspondent that the neighbors should live in harmony. However, Yang changed the orientation of the entrance door to the outside during the decoration, resulting in a narrow public passage, which affected the traffic safety of the neighbors and brought a contradiction to court. Recently, the Chongqing third intermediate people's court announced in the second instance that the neighboring right dispute caused by the neighbor changing the orientation of the door without permission rejected the appeal, and Yang changed the door from the current outside to inside within 10 days after the judgment took effect. The defendant Yang and the plaintiff Hong live in Building 1, a community, Fuling District, Chongqing, and are the owners of two adjacent rooms on the same floor. From the elevator door of the house to his home, Hong must pass through the public corridor in front of the door of Yang's house. During the decoration of the new house, Yang changed the door of the house from opening inward to opening outward without the consent of Hong. Hong found that the public aisle on the floor of the community is about 132 cm, and an entrance door is about 95 cm. If the entrance door is changed to an outside door, there is less than 40 cm left in the public aisle when the door is opened, and the residents can't see the outside of the door when they open the door. In this regard, Hong was very worried. He believed that Yang had arbitrarily changed the orientation of the entrance door without his consent, and the changed entrance door opened outward, which not only occupied the public space, but also caused a certain potential safety hazard. Therefore, Hong appealed to the court and asked yang to restore the original orientation of his entrance door, from opening outward to opening inward. After the first instance, the people's Court of Fuling District in Chongqing held that Hong and Yang formed an adjacent relationship. Without the consent of Hong, Yang removed the inner door of his house and opened it outside, which really hindered Hong's access, that is, it had caused inconvenience to the neighbors and infringed on Hong's legitimate rights and interests. Yang should bear the legal responsibility of stopping the infringement and removing the obstruction. The court ruled that within 10 days after the effective date of the judgment, Mr. Yang changed the entrance door from the current external opening to the internal opening. After the sentence was pronounced, Yang appealed against it. The third intermediate people's Court of Chongqing dismissed the appeal and upheld the original judgment. ■ judge's statement ■ Article 288 of the Civil Code stipulates that the neighboring obligee of a real estate shall correctly handle the neighboring relationship in accordance with the principles of being conducive to production, facilitating life, solidarity and mutual assistance, fairness and rationality. This article specifies the four principles that should be followed by adjacent entities of real estate in dealing with adjacent relations. Adjacency refers to the rights and obligations of two or more adjacent real estate owners, usufructuaries or occupiers in terms of water, drainage, passage, ventilation, lighting, etc. in accordance with the law. The rights of one party are called adjacency rights. Neighboring relationship is an extension or restriction of the obligee of adjacent real estate to exercise his rights. The real estate obligee who provides necessary convenience to the other party is the party whose rights are limited. Therefore, the real estate obligee who obtains the necessary facilities is the party whose rights can be extended. This extension is necessary for the exercise of ownership and use rights. In dealing with cases of neighboring relations, we must follow the four principles of being conducive to production, facilitating life, solidarity and mutual assistance, and fairness and rationality. Among them, the principle of convenient life includes the following three meanings: first, adhere to people-oriented, and fully consider the convenience of life of adjacent obligees; 2、 Reasonably restrict or extend one's own rights to facilitate the lives of neighboring obligees; 3、 Reasonable arrangement shall be made to minimize the inconvenience to the life of the neighboring obligees, and their convenience shall not be based on the inconvenience of the neighboring obligees. It can be seen from this that when the neighboring real estate obligees occupy and use the real estate, it is inevitable that they will have a certain impact on each other. Therefore, there are obligations of cooperation and tolerance among obligees. However, if one party goes beyond the right boundary and causes inconvenience or serious impact to the neighboring party, which is beyond the scope of the obligation of tolerance, it will constitute infringement. Specifically, in this case, when the developer delivered the house owned by Mr. Yang, the door was opened inward, but now it is opened outward by itself, which must comply with the corresponding national standards and obtain the consent of the neighboring party. Article 6.11.9 of the general rules for the design of civil buildings stipulates: "the evacuation width of the walkway and stair landing shall not be affected after the door leaves of the evacuation walkway and stairwell are fully opened." Article 5.8.5 stipulates that "doors opened outward shall not hinder the opening of public transport and adjacent doors." In this case, the distance between Hong and Yang is relatively close, and the corridor is relatively narrow. Yang changed the door to open outside, which has certain potential safety hazards. At the same time, Hong disagreed when he found that Yang had changed the door of the house to the back without permission. However, Yang did not care, and the nuisance of modifying the door without permission has exceeded Hong's necessary tolerance obligations. Accordingly, the people's court ruled that Mr. Yang changed the door of the house back on his own to eliminate potential safety hazards and safeguard the legitimate rights and interests of other residents on the floor involved. (outlook new era)
Edit：sishi Responsible editor：xingyong
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