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Anonymous users2024-01-24Are you talking about someone leaking water for you or a leak in your own house? When dealing with disputes over dripping water in adjacent houses, it is first necessary to clarify whose fault it is, and if the party at fault causes damage to the other party, it shall be ordered to remove the obstruction and compensate for the loss.
The former is governed by the Property Law, the General Principles of the Civil Law and the Tort Liability Law.
Article 92 of the Property Law: Where an owner of immovable property uses adjacent immovable property for the purpose of using water, drainage, passage, laying pipelines, etc., it shall try to avoid causing damage to the adjacent immovable property owner; Where damage is caused, compensation shall be given.
Article 6 of the Tort Liability Law: Where an actor infringes upon the civil rights and interests of others due to his fault, he shall bear tort liability. Where the property of others is infringed upon, the property loss is calculated in accordance with the market price at the time of the loss or other means.
Article 83 of the General Principles of the Civil Law stipulates that the adjacent parties to the immovable property shall, in accordance with the spirit of conducive to production, convenience of life, solidarity and mutual assistance, fairness and reasonableness, correctly handle the adjacent relationship in terms of water interception, drainage, passage, ventilation and lighting. Where obstructions or losses are caused to adjacent parties, the infringement shall be stopped, the obstruction removed, and the losses compensated.
Aspects to be noted when filing a lawsuit for infringement of neighbouring rights:
1. Promptly collect and retain evidence of infringement by the adjacent party, such as relevant photographs, video tapes, etc.; 2. The statute of limitations for infringement of neighbouring rights shall be two years from the time when you knew or ought to have known that your rights had been infringed, otherwise you would lose your right to claim legal protection.
This should not necessarily know the name, you can directly write the specific address, how many buildings and rooms, and the court can go to investigate. In fact, it is better to settle this matter privately
The warranty period of the house waterproofing is 5 years from the date of completion of the house, if it is within the warranty period, you can let the upstairs find the property to deal with it as soon as possible; If the old house has passed the warranty period, you need to find a waterproof company to do waterproof treatment at your own expense, and the toilet drain pipe leakage needs to remove the toilet bowl for waterproof treatment, it is recommended to find a professional waterproof company and sign a maintenance contract.
Of course, if you go upstairs to fix it, he will have to compensate you for soaking your things.
If there is a leak in the adjacent pipes, the upper floor will be responsible for repairing it; In the case of a water leak caused by damage to the main pipe, a repair fund should be activated to replace it.
Check the cause first and see where the leak is, the general kitchen is not waterproof. Find the reason in looking.