Who uses the air-conditioned balcony? quarrel among neighbours
A few years ago, Xiao Yang and his wife bought a new house in Wujiang and found a decoration company to decorate with joy. However, they found that there was nowhere to put the air conditioner outside the living room facing south. It was learned that Room 502 and Room 50 1 next to Mr. and Mrs. Xiao Yang used an equipment balcony outside the bedroom of Room 50 1, and the adjacent walls had reserved installation holes. But the problem is that room 50 1 next door has two outdoor air conditioners on the balcony of this equipment, and it has been surrounded by metal fences. Mr. and Mrs. Xiao Yang negotiated with Mr. Jin, the owner of Room 50 1 many times, but there was no result. So, Xiao Yang and his wife took Mr. Jin to court and asked the other party to make room for installing air conditioners. Mr. Jin believes that the equipment platform is sold by developers and is their exclusive. Installing an extra air conditioner will affect their lives. He refused the request of Xiao Yang and his wife, and immediately sued the developer, demanding to confirm that the equipment balcony on the south side of his bedroom belongs to him, not the common part. According to the developer, the balcony of the equipment is used in Room 50 1 and Room 502. According to the relevant laws and regulations, surveying and mapping data and the opinions of the real estate registration department, this equipment balcony is not included in the area of any household. Wujiang court finally rejected Mr. Jin's request and confirmed that the balcony of the equipment belonged to two households. In the case of Mr. and Mrs. Xiao Yang and Mr. Jin, the court ruled that Mr. Jin made room for Mr. and Mrs. Xiao Yang to install air conditioners. According to China's laws and regulations, auxiliary facilities and equipment such as fire fighting and public lighting, refuge floor, equipment floor and other structural parts belong to the * * part of the building division, and the owner has the right to manage the * * part. On the one hand, the neighboring owners of real estate should correctly handle the neighboring relationship according to the principles of favorable production, convenient life, solidarity and mutual assistance, and fairness and reasonableness. (This article thanks Wang Hui of Wujiang District People's Court for his support. )