Zhang, Xu and Cheng adjacent relationship dispute case

[Case classification] : Housing dispute

[Commissioned time] : June 2013

【 Brief introduction 】

The plaintiff Zhang Mou and Xu Mou are the owners of A villa in Shanghai and live here. The defendant is the owner of Shanghai Villa B, the defendant's villa is located in the front row of the plaintiff's house, the two villas have some green space in front and behind the original planning and design, the house spacing is relatively reasonable, lighting, ventilation and drainage are relatively sufficient. In the summer of 2013, the defendant illegally built on the main body of the original house without permission, not only raising the original house and adding layers, but also building on the green space between the plaintiff's house, which seriously affected the plaintiff's lighting, ventilation and drainage. In July 2013, the plaintiff reflected the facts of the defendant's illegal construction to the housing and Land Bureau, the housing and Land Bureau determined that the defendant's construction was illegal and notified the defendant to rectify on August 8, 2013, and dismantled the defendant's illegal construction on August 16, but the defendant continued to construct. So far, illegal construction has continued unabated. In order to protect their legitimate rights and interests, the plaintiff brought a lawsuit to this court.

【 Lawyer analysis 】

Because the defendant illegally erected buildings and structures without approval, in violation of the relevant provisions of the Regulations of Shanghai Municipality on the Administration of Residential Property, the defendant shall correct the above-mentioned illegal acts and the adjacent right holders of the immovable property shall correctly handle the adjacent relationship in accordance with the principles of favorable production, convenient life, solidarity and mutual assistance, fairness and reasonablity. If any obstruction or loss is caused to the adjacent party, the infringement shall cease, the obstruction shall be removed, and the loss shall be compensated. The original and the defendant are neighbors, and the defendant built on its own house, which not only occupied the common area, but also affected the lighting of the plaintiff's house, which should be demolished and restored to the original state.

【 Verdict 】

After lawyer Xue Tianhong's representation, the court finally supported the plaintiff's petition and ordered the defendant to demolish his own construction and restore the house to its original state within 15 days from the effective date of this judgment.