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the house was leaking, but the owner of the upstairs building turned a blind eye to the matter, claiming that "this is my house and i have the final say!"

in this regard, the fangshan district people's court of beijing issued a ruling that clearly stated the judicial attitude: cooperate with the home inspection within a time limit. the judge said after the trial that the exercise of ownership rights cannot be "arbitrary."

it is understood that ms. wang bought a house in a certain community at a significantly reduced price in october 2022. the original owner sold the house at a low price mainly because the roof had been leaking for a long time, but the owner of the upstairs, ms. li, refused to cooperate with the home inspection, and the police station, neighborhood committee, and property company came forward to coordinate but to no avail. in desperation, the property company temporarily took measures to take over and drain the water, and the leakage problem was alleviated to a certain extent.

after ms. wang moved into the house she bought, room 702, she found that the water leakage problem was getting worse and had seeped into the roof of room 602. the property management company checked the water leakage again and found that there was no leakage around the drainage pipes of rooms 902 and 1002. it was presumed that the water pipe leak was in room 802, but ms. li still refused to cooperate with the inspection.

afterwards, the property company took ms. li to court, requiring her to cooperate with the water leak investigation or hire a professional unit to conduct the water leak investigation and repair on her own.

in response, ms. li argued that room 802 was uninhabited and the property management company only speculated that the leak was in the house, but there was no 100% evidence to prove that "the leak was caused by our house." she believed that there was no leak in room 802 and she had no obligation to cooperate with the home inspection. "as the owner, i have the final say on my house."

ms. li also stated that she did not pay any property management fees to the property management company, and there was no contractual relationship between her and the property management company, so the property management company's lawsuit had no basis.

after trial, the fangshan court held that in order to find out the cause of the water leakage in the building involved in the case, all owners in the building unit must actively cooperate. this is a requirement of common living interests, an obligation between neighbors, and the due meaning of actively practicing the core socialist values. in this case, ms. li, as the owner of room 802, should get along with other owners in the building unit in a friendly manner and jointly create a harmonious and orderly living environment. as a provider of property services, the property company has the responsibility to repair and dredge pipes, and has the obligation to investigate and repair the water leakage in the building unit involved in the case. ms. li should actively cooperate with the property company to find the cause of the water leakage.

based on this, the fangshan court ordered ms. li to cooperate with the property company to open the door and enter the house to investigate the cause of the water leakage within 3 days after the judgment came into effect.

ms. li was dissatisfied with the decision and filed an appeal. after hearing the case, the court of second instance rejected the appeal and upheld the original judgment.

judge's opinion

the judge said after the trial that house leakage is a common problem that troubles people's production and life. finding out the cause of the leakage is the prerequisite for carrying out repairs. when it comes to the exclusive part of the building, the support and cooperation of the owner of the exclusive part is required. this is not only a moral requirement for harmonious neighborhood coexistence, but also an obligation stipulated by law. the civil code of my country stipulates that the owner has the right to occupy, use, benefit from and dispose of the exclusive part of his building. the owner shall not endanger the safety of the building or infringe upon the legitimate rights and interests of other owners when exercising his rights.

the judge reminded that rights and obligations are interdependent. owners have ownership of their houses and can fully satisfy or realize their personal interests within the scope of ownership, but the exercise of ownership cannot be "arbitrary". they must fulfill their corresponding obligations and must not harm the interests of others or deviate from public order and good customs. neighbors should uphold good neighborliness, insist on harmony, and properly handle conflicts between themselves and others and the public interest.

in this case, ms. li refused to cooperate with the home inspection for water pipe leaks, and the house downstairs has been leaking for many years, which not only caused the value of the house downstairs to depreciate, but also seriously damaged the living interests of the neighbors. as a neighbor living upstairs, ms. li should cooperate with the home inspection, help find out the cause of the leak, and repair the leak in time.