1. Basic facts of the case
Plaintiff Zhang X 1 and defendant Zhang X 2 are neighbors in the front and back yards. Zhang2 rebuilt the house in 2022, because there were windows and doors in front of the plaintiff's house, in order to prevent the infringement of privacy, at that time, the plaintiff, the defendant and the defendant's daughter Zhang3 were mediated by a village committee in Songzhuang Town, Tongzhou District, and the defendants promised not to leave the back door and signed the "Mediation Certificate". The "Mediation Statement" states: "Zhang 2 (not a member of this economic organization), has a homestead somewhere in a certain village, the main house is in disrepair, needs to be renovated, and has a conflict with the neighbors, and after mediation by the village committee, the renovation party Zhang 2 promises not to exceed the scope of the original homestead, and does not leave a back door, which is hereby proved."
It was also ascertained that the east edge of the plaintiff's south gate (the gate of the house) was opposite the west edge of the back door of the defendant's house. Upon inquiry, the plaintiff claimed that the construction of his house was in 2010; The defendant claimed that the house was built in 2022.
But in April 2023, Zhang Mou2 suddenly changed his mind and decided to leave the back door, the plaintiff repeatedly asked the defendant to block the back door, and called the director of the village committee for mediation, the village committee asked the defendant to fulfill his promise, but the defendant had a tough attitude and abused the plaintiff's 70-year-old mother.
The plaintiff argued that the defendant's conduct violated the promise at the time, violated the spirit of the contract, and infringed on the plaintiff's right to privacy, which caused a mental blow to the plaintiff. After carefully consulting a number of law firms, the plaintiff Zhang1 finally selected Beijing Jingyin Law Firm, and entrusted Qu Dafu**, the chief lawyer of Jingyin Law Firm, to sue the second defendant to the Tongzhou District People's Court of Beijing, requesting the court to rule that the defendant should eliminate the obstruction to the plaintiff's adjacent right of way, and return the area of the illegally occupied road that should be a road in accordance with the mediation agreement of the village committee, and fulfill the promise not to open the back door.
II. Case Outcome
After accepting the entrustment, lawyer Qu Dafu had a detailed understanding of the specific circumstances of the case, including the cause of the dispute, the rights and obligations of both parties, historical facts, relevant evidence, etc., and made many on-site inspections. In accordance with the Civil Code and other relevant laws and regulations, actively assist the parties in collecting relevant evidence, including agreements, property rights certificates, tort certificates, etc., to ensure that there is sufficient evidence in court to support the parties' claims.
During the trial, lawyer Qu Dafu clearly pointed out that the defendant violated the previous agreement between the parties when building the house, which harmed the legitimate rights and interests of the plaintiff. The plaintiff's claim, that is, that the defendant was required to block the back door of the house and remove the steps, was reasonable and lawful and should be upheld by the court.
In the end, after trial, the Beijing Tongzhou District People's Court adopted the opinion of lawyer Qu Dafu in accordance with the law, and ruled as follows: Defendants Zhang X 2 and Zhang X 3 blocked the back door of a courtyard located in a village in Songzhuang Town, Tongzhou District, Beijing and removed the steps, and executed the clearance within seven days of the effective date of this judgment.
3. Lawyer's point of view
Lawyer Qu Dafu:
In this case, the adjacent parties to the immovable property should correctly handle the adjacent relationship in accordance with the spirit of conducive to production, convenient life, solidarity and mutual assistance, fairness and reasonableness. When a dispute arose between the two parties on the relevant issues at the beginning of the defendant's construction, and the village committee mediated an agreement on the specific construction and whether to leave a back door, the agreement was reached on the true intention of both parties, and both parties should abide by it. However, when the defendant built the house, he left the back door, which violated the agreement between the parties. On this basis, the plaintiff's request for the defendant to block the back door of the house and remove the steps is reasonable, and the court should support it.
Warm reminder from lawyer Qu Dafu:
Citizens shall exercise their rights lawfully and reasonably within the scope of the law and public order and good customs, and the owners or users of adjacent immovable property shall exercise their rights in a manner that does not harm the legitimate rights and interests of other adjacent persons. Adjacent rights holders shall correctly handle adjacent relationships in accordance with the principles of conducive to production, convenience of life, solidarity and mutual assistance, and fairness and reasonableness, and where they cause obstruction or loss to neighboring parties, they shall stop the infringement, remove the obstruction, and compensate for losses.
If your neighbor has violated your legal rights, you can take the following steps to protect your rights:
1. Communication and negotiationFirst, try to communicate with your neighbor to understand their position and reasons and see if you can solve the problem in an amicable way. When communicating, stay calm and rational and try to reach a mutually acceptable solution.
2. Collect evidence:If communication isn't effective, you'll need to start gathering evidence to support your claim. This may include photographs, written documents, eyewitness testimony, etc. Ensure that the evidence is reliable and valid, as these will play a key role in the subsequent legal process.
3. Entrusted lawyer:It is wise to consult with a lawyer before taking further action. A lawyer can provide you with professional legal advice, help you understand your rights, and guide you on how to take legal action.
4. Reconciliation:With the assistance of a lawyer, you may need to try to settle with your neighbor again, or resolve the issue through non-litigation channels such as mediation and arbitration. These methods are often faster, less costly, and keep the case private.
5. Prosecution:If your neighbor still refuses to negotiate and can't resolve it in other ways, you may consider filing a lawsuit. Before doing so, make sure you have prepared thoroughly, including gathering all the necessary evidence and having an in-depth discussion with your lawyer.
6. According to ***In the course of the litigation, follow the guidance of the court, provide evidence in accordance with legal procedures, participate in the trial, and execute the results according to the court's judgment.
It is very important to remain calm and patient throughout the process, as it can take time to resolve neighborhood disputes. At the same time, they should uphold the dignity of the law and the principle of socialist rule of law, abide by the provisions of the law, and reasonably exercise their rights.
4. Laws and Regulations
Civil Code of the People's Republic of China
Article 288:The owner of adjacent rights to immovable property shall correctly handle the adjacent relationship in accordance with the principles of conducive to production, convenience of life, solidarity and mutual assistance, fairness and reasonableness.
Article 292:Where the owner of the right to immovable property has to use adjacent land or buildings for the purpose of constructing or repairing buildings or laying wires, cables, water pipes, heating and gas pipelines, etc., the owner of the land or building shall provide necessary facilities.
Article 293: The construction of buildings shall not violate the relevant national engineering construction standards, and shall not obstruct the ventilation, lighting and sunlight of adjacent buildings.
Article 296:Where the owner of the immovable property uses the adjacent immovable property for the purposes of water, drainage, passage, laying pipelines, etc., it shall try to avoid causing damage to the adjacent immovable property owner.