△ The roof garden range used by Mr. Lai
Cover news reporter Liu Hu Photography Report
On November 8th, standing on the balcony on the fourth floor and watching the roof garden nearly a thousand square meters in front of him, Mr. Lai was helpless.
Ten years ago, when Mr. Lai bought the property here, the contract clearly made it clear that he was a 984 -square -meter roof garden user on the fourth floor. When he was ready to decorate the house for many years, he found that the garden had been by the next building next door.The owner of the building occupied, and a row of iron fence was installed next to his balcony.
"No negotiations are unsuccessful, and the other party claims that he is the deputy director of the Taxation Bureau and is unwilling to move away." Mr. Lai said that developers and communities involved in repeated negotiations, and the other party refused to move away.
On the afternoon of the 8th, in an interview with the cover news reporter, the deputy director in Mr. Lai responded that the owner of the house in the roof garden was his son.This matter.
Live: 800 square meters of roof garden planting green plants and vegetables
The house purchased by Mr. Lai is located in the Dongcheng No. 1 Pin District, Dongcheng New District, Suining. In March 2013, he purchased a property on the fourth floor of the community in the community. Here, it was also for the roof garden of nearly 1,000 square meters.
"At that time, the house price was about 1,500 yuan per square meter. I gave this house that I bought more than 2,400 yuan per square meter because the roof garden was large enough." On the afternoon of November 8, Mr. Lai told his experience on the balcony.There is a row of iron fences over 1.5 meters high next to him, and isolated him from the roof garden that he originally belonged to him. "I was idle for nearly 9 years after buying a house. When the decoration began in 2022, it was found that the roof garden had more than 800 square meters and was forcibly occupied by the owners of the building next door."
On the borrowing contract provided by Mr. Lai, an area of the house area is attached to the floor area of the house. The picture shows the No. 2 K -type house he purchased. It has two roof gardens, which is divided into two pieces, with an area of about 984.77 (689.87+294.9) square meters., Covering the developer company fresh chapter.
At present, the garden is surrounded by iron fences and has become the owner of the building next door alone.Looking at the high -floors, we can find that the garden has been divided into multiple areas, planting plants, green spaces and a vegetable field. A glass house built by a house owner enters.
After the garden was occupied, Mr. Lai communicated with the owner many times and did not reach an agreement."The other party stated that he did not move away, saying that he was a actual user." Mr. Lai said that he had no effect with the development of the developer's stamp document.Based on the mediation, it is not moved. "
Developer: The only user is advised by Mr. Lai to take the judicial approach
In response to this, the cover reporter contacted the real estate developer and a person in charge of a surname Yan in Sichuan Jianfa Real Estate Development Co., Ltd., which confirmed that Mr. Lai said.
"The roof garden is not the public area, the owner only has the right to use. This right to use is the only one. The contract will be clearly marked in the contract and the actual user.Mr. said that in the process of planning and later sales, it was surveyed and deployed. According to the contract provided by Mr. Lai, it can prove that the garden of this office belongs to his personal use, and other owners have no right to use.
Mr. Yan said that they have also participated in the mediation, but the other party did not agree, "It is recommended that Mr. Lai take a judicial lawsuit to safeguard his rights and interests."
In addition to the developers, Mr. Lai also went to the local community, the Housing and Urban Construction Bureau, and the Urban Management Bureau to seek help, but failed. "We have participated in the disposal of the matter many times, but this owner just does not accept the mediation, and there are no more law enforcement methods and power to deal with it.
Deputy Director of the Taxation Bureau: All the sons of the roof garden real estate are all unclear.
During the negotiation process, Mr. Lai revealed that the real estate who entered the garden was owned by Mr. Zeng, but the actual resident was his father, Zeng, ""The leaders of the District Taxation Bureau are not worried that he is looking for a department to negotiate.
Public information shows that the Deputy Director of the Taxation Bureau of the Suining Economic and Technological Development Zone was the department.Zeng Mou denied it about Mr. Lai's statement. He said that the actual user and everyone of the house is his son. He heard some of the dispute but did not know it."I also told him (Mr. Zeng), looking for developers to negotiate with many parties, and all of them have taken the basis to solve this matter."
On the afternoon of November 8, the cover news called Mr. Zeng many times, and no one answered.
Lawyer: If the evidence is true, Mr. Lai can apply for compulsory execution
For this matter, Lawyer Lin Xiaoming, a partner of Law Firm in Sichuan, believes that if Mr. Lai is true and he has corresponding evidence to prove that he has the right to use the roof garden, the two parties cannot reach consensus.A lawsuit can be filed.The court determines that he has the right to use the roof garden in accordance with the evidence and laws and regulations in the case, then he can apply for compulsory execution based on the effective legal documents to protect his own interests.
Lin Xiaoming believes that everyone is equal in front of the law. No matter whether anyone's position is high or low, they should respect the court's judgment and consciously fulfill the obligations determined by the effective legal documents.The legitimate rights and interests, in the case of repeated negotiation, the maintenance and relief of their own rights in accordance with legal procedures are the best and most important ways.
