On the first floor of a building lived a man named Li Ming, who was a careful and clean-minded man. He added beautiful flowers and plants to his yard, and the only flaw was that when it rained, the whole yard would become wet. To solve this problem, Li Ming felt that a glass canopy should be built, which would not only allow sunlight to shine into the yard, but also prevent rain from staining the yard.
Li Ming decided to put this plan into action, and he spent a considerable amount of money and hired professionals to build a beautiful sun canopy. Sure enough, the completion of the canopy gave the whole yard a new look and looked more tasteful. Li Ming is very satisfied with this canopy.
However, strange things have happened since then. Since the canopy was built, the neighbors on the second floor have started growing vegetables on their terraces. To facilitate watering and picking, they chose to step over the balcony on the second floor and then step on Li Ming's canopy to carry out the planting work.
After Li Ming found out that his neighbor was an elderly man, he couldn't help but start worrying. Because he knew that the hardness of the canopy was not very high, it was difficult to determine whether the old man would trample it if he stood on it. He was even more worried that the old man was old, and once he fell, it would not be a trivial matter. In the event that the old man falls and is injured, the blame will definitely be traced back to him, which is a consequence that he cannot afford.
Li Ming tried to negotiate with his neighbor, but the neighbor insisted on his behavior. He felt that casual mediation was useless and sought help from the property. Despite the mediation of the property, the old man still went his own way.
Li Ming felt very distressed when he watched the old man stand on the canopy again and move peacefully. What he couldn't figure out was why his neighbors had chosen to grow vegetables on his canopy, which they had installed on their terraces themselves. After all, they also have a yard, just on the other side of the house. Li Ming thinks that they can install a canopy on the other side of their yard, and there is no need to follow the trend and choose to build a canopy on the same side as him.
Li Ming felt incomprehensible about his neighbor's strange behavior. He was considering whether the canopy should be removed to avoid accidents. Or should surveillance cameras be installed, so that if an accident happens to an elderly person, he can shirk responsibility.
Li Ming felt that the neighbor upstairs was simply unreasonable. But he was confused about how to solve the problem.
Grandma Fang's point of view: The man built the canopy out of good intentions, in order to make the yard more beautiful and comfortable. A canopy protects the yard from rain while also keeping the interior full of sunlight. The man was also worried about the safety of the elderly out of a sense of responsibility, and he hoped that the elderly would not step on the canopy to avoid accidents. He communicated with his neighbours and sought help from property management to find a solution to the problem, demonstrating his kindness and responsible attitude.
Uncle Qian's point of view: The man built the canopy too abruptly and did not communicate with the neighbors in advance, resulting in the neighbors using the canopy in a way that was inconsistent with him. The neighbor on the 2nd floor was growing vegetables on the terrace and also used the man's canopy for convenience, but the man was troubled and worried about it. He was skeptical of his 2nd floor neighbor's decision to install a canopy and thought they should have installed a canopy in their yard instead of using his. The man considered tearing down the canopy or installing surveillance cameras to protect his interests, showing a certain selfishness and ambivalence.
Regarding the legal issues in this story, as a lawyer, I offer the following advice:
1.Since the sun canopy is Li Ming's private property, no one else has the right to enter or use it without permission. If the neighbor's behavior causes damage to the canopy, Li Ming has the right to demand compensation for the repair costs.
2.Li Ming can complain to the property about the behavior of the neighbor and ask the property to mediate. If the property fails to resolve the issue, Li Ming may consider signing a written complaint with the property and asking the property to take steps to resolve the problem of neighbor infringement.
3.If the neighbor's actions caused actual loss or injury to Li Ming, Li Ming can seek legal remedies. He can file a civil lawsuit in court to claim liability for damages from his neighbor.
4.In the future, when he encounters similar problems, Li Ming could consider applying for an injunction to prevent neighbors from entering his private property. At the same time, he may consider communicating in writing with his neighbors in advance to clearly inform them of their rights to prohibit entry and use of the canopy.
According to the relevant legal provisions in the General Provisions of the Civil Law of the People's Republic of China, the specific applicable laws and regulations are:
1.Property Law of the People's Republic of China.
2.Contract Law of the People's Republic of China.
3.Civil Procedure Law of the People's Republic of China.