"Previous owner" installed the air conditioner "heat wave" disturbing people, house owner sentenced to move machine
According to China Court Network, although the external unit of the air conditioner was installed by the previous owner, the house owner has changed. Therefore, the consequences brought by the external unit of the air conditioner should be borne by the current house owner. On September 21, the Minhang District People's Court of Shanghai made a ruling that Ms. Xu should relocate the external unit of the air conditioner on her west wall to the position with the least impact on Mr. Zhang's home.
Mr. Zhang lives in room 401 and Ms. Xu lives in room 404. They are neighbors living in the same community. Ms. Xu installed and used an external air conditioner unit next to the west wall window. When in use, the heat generated is blown directly towards the north window of Mr. Zhang's north room. Mr. Zhang believes that the heat generated by Ms. Xu using this air conditioner affects the normal life of his family, so he sued the court, requiring Ms. Xu to relocate the external unit of the air conditioner to the position with the least impact.
Ms. Xu argued that the external air conditioner unit was installed by the previous owner, and it has been more than 10 years. For a long time, Mr. Zhang did not raise any objections. Therefore, in legal terms, it should be regarded as approved. Mr. Zhang's lawsuit is now meaningless. Since her air conditioner external unit complies with the "Shanghai Air Conditioning Equipment Installation and Use Management Regulations", it does not affect Mr. Zhang's normal life, so she disagrees with the litigation request.
Upon investigation, Ms. Xu installed and used an external air conditioner unit on the right side of the west wall window of her bathroom. Part of this air conditioner external unit is higher than the window platform, and the horizontal distance from Mr. Zhang's north room window is about 1.5 meters.
The court held that, based on the distance between the windows of both parties' houses, the disputed air conditioner external unit installed on the west wall of Ms. Xu's bathroom would indeed have some impact on Mr. Zhang's life when in use. Since there is still space for the air conditioner external unit to move further to the right and down, Ms. Xu, as the adjacent party, bears the obligation to move appropriately to minimize the impact on Mr. Zhang's home as much as possible. However, due to the objective factor of the structure of the house itself, moving will still cause some impact on life, and Mr. Zhang should understand this.