When it comes to cemeteries, just like people mention funeral homes, people will unconsciously think of bad luck and death. Most people are shy about these things. There is an owner in Anhui, and there is a cemetery 50 meters away from the community. He said, "Every time I go to the balcony and see the cemetery opposite, I feel very uncomfortable." This will not only affect the psychology and mood of buyers, but also affect the value of houses and ultimately the transaction price. For example, some houses are surrounded by viaducts, garbage dumps and other unfavorable factors, which will determine whether people buy houses here to a certain extent.
Many developers did not inform the owners of the existence of cemeteries in advance based on the adverse effects of cemeteries and other factors, which is actually an act of dishonesty. This unscrupulous developer violated the principle of good faith. According to a netizen, when he bought a house, the developer didn't tell the building that the subway would be built at 100 meters. When the house was closed for two years to build the city railway, the rumbling train passed by, and the house was deafening, not only with noise, but also with vibration and * * * vibration, which was almost impossible to live in. There is also the owner of Allure in Heshan Times, Guangdong Province. He said, "The developer has surrounded the mountain and won't let us go in to see the house. The only things you can see are sand tables and model houses. Moreover, the sales department did not publicize it, and the sales staff also said that there were no cemeteries and mountain graves. " They feel that developers are interested in false propaganda and even fraud.
For the tomb view room, some netizens ridiculed that "being neighbors with sages and listening to the voice of the soul" and "neighbors knocking at the door at night asking you to play cards" were quite shocking. Some netizens said, "There is a cemetery near the Hong Kong Polytechnic University, and there are two villas on the cemetery. However, there is a good folk saying that schools are built on or beside cemeteries. It is said that students are upright and can resist evil spirits, but there is no good saying that the living room is built next to the cemetery. Some netizens said, "Some cemeteries are hard to find. There is a cemetery about 400 meters next to my home. It took me two years to find it. I dare say that more than 90% people in our community don't know. "
Disputes over this kind of tomb-view room appear constantly, and some people ask to return a house and finally get no results. The back garden of a high-rise villa community in Hefei is a cemetery, and it is useless for the owner to make trouble. Community and cemetery are not illegal, and municipal land planning also requires them to live next to each other. For this kind of dispute, the common point of dispute is whether the situation of the house near the cemetery belongs to the information disclosure category of the seller.
In April this year, Ms. Wang of An bought a suite, and later found that the south wall of the community was separated by the cemetery of nearby villagers. Ms. Wang said that it was originally a sunny room facing south, and there was a grave under the window. The sales department did not inform before buying a house. The developer's reply to this is that "the location of the cemetery is designated as residential land, and whether it will be relocated in the later stage is subject to the government's planning." When selling houses, we have the responsibility and obligation to inform the buyers of the unfavorable factors within the red line. However, there is no legal obligation to inform about the unfavorable factors outside the red line. "
Indeed, the current laws and regulations in China do not clearly stipulate the distance between the community and the cemetery. In the trial of actual cases, the view that "developers have the obligation to inform the unfavorable factors outside the red line when selling houses" has not been supported by the court. At present, there is no clear legal provision for the settlement of the dispute over "tomb view room".
However, as Hu Gongqun, an expert in legislative consultation, said, although the cemetery is outside the red line, it is adjacent to the community, which will cause mental stress and negative psychological impact on the owners. At the same time, this information will have a significant impact on the conclusion of the contract and housing prices, and developers have the obligation to inform and cannot deliberately conceal it.