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一楼业主私搭雨棚被诉拆除获支持
Ren Min Wang· 2025-12-11 00:59
Core Viewpoint - The court ruled that the first-floor owner must remove the glass canopy built without the consent of the second-floor owner, as it infringes on the safety and rights of the neighboring property [2][3]. Group 1: Case Background - The first-floor owner, referred to as Lao Zhao, constructed a glass canopy without consulting the second-floor owner, Lao Li, leading to a legal dispute [1]. - Lao Li claimed that the noise from rain hitting the canopy disturbed his rest and that the structure posed a safety risk due to its proximity to his balcony [1]. Group 2: Court's Ruling - The court emphasized that property owners must handle neighborly relations based on principles of mutual benefit and fairness, and that actions should not endanger the safety of buildings or the rights of other owners [2]. - The court found that Lao Zhao's unauthorized construction increased risks and noise, thus ruling in favor of Lao Li and ordering the removal of the canopy [2]. Group 3: Legal Framework - The ruling referenced the Civil Code of the People's Republic of China, which mandates that property owners must avoid actions that could endanger neighboring properties [4]. - The court highlighted the legal obligation of property owners to prevent harm to adjacent properties and the rights of affected parties to seek remediation [4].