Why does feeding birds with kindness become infringement?

2025-05-19

Caring for birds means caring for our home, but when the act of "caring for birds" causes trouble for neighbors, should we set a boundary for "love"? How to find a balance between loving behavior and neighborly harmony? 【 Case Review 】 Upstairs neighbor feeds birds, downstairs affected. Ms. Liu lives in Beautiful Home Community 701, and Mr. Wang lives in Beautiful Home Community 801. The two are neighbors upstairs and downstairs. Recently, Ms. Liu discovered that Mr. Wang from Room 801 upstairs was using stainless steel plates to build bird feeding racks and food boxes on his living room balcony, which attracted a large number of birds. This caused a large amount of bird droppings to fall on Ms. Liu's windowsill and air conditioning downstairs, and the birds often made noise, affecting her rest. On a rainy day, Ms. Liu discovered that the accumulated water on Mr. Wang's stainless steel plate used for feeding birds had poured onto her windowsill and windows, seriously affecting her hygiene. Ms. Liu believes that Mr. Wang's behavior affects his quality of life and causes him distress, and has consulted with him multiple times. Later, due to unsuccessful communication between the two parties, Ms. Liu sued Mr. Wang to the court on the grounds of eliminating obstruction, demanding that Mr. Wang dismantle the feeding tray and feeding box he had built in Room 801. Mr. Wang believes that feeding birds is a friendly act aimed at caring for them, and the behavior itself is not inappropriate. The feeding tray and feeding box made of stainless steel materials do not cause any obstruction to the lighting, ventilation, or other aspects of the downstairs residents. The birds have a strong regularity in their feeding time, and they all eat at fixed intervals that do not affect people's rest. The noise generated does not reach the decibel index required by relevant regulations. He believes that Ms. Liu's demands have no basis. 【 Court Trial 】 The construction of bird inventory safety hazards needs to be dismantled. After the Fengtai Court's trial, it was found that if the property rights are obstructed or may be obstructed, the right holder may request the elimination of the obstruction or the elimination of the danger. In this case, Mr. Wang's construction of a bird feeding tray and food box did indeed cause obstruction to Ms. Liu's residential use of all her houses. Although Mr. Wang claimed that his construction of the bird feeding tray and food box did not have a serious impact on Ms. Liu, according to the photos submitted by both parties, it clearly showed that there was bird droppings on the air conditioning unit and window sill of Ms. Liu's residential house, and this construction also had safety hazards. Ms. Liu requested to eliminate the obstruction, which was based on legal evidence, and the court ultimately supported it. After the verdict of the case, none of the parties appealed, and the verdict has now come into effect. Mr. Wang has automatically removed the bird feeding tray and feeding box after receiving the verdict. 【 Judge's Reminder 】 "Love Bird" refers to the rights and obligations relationship that arises between the owners or users of two or more adjacent immovable properties when exercising their ownership or use rights due to the convenience and restrictions that neighboring parties should provide. Article 288 of the Civil Code of the People's Republic of China stipulates that adjacent rights holders of immovable property shall handle their adjacent relationships correctly in accordance with the principles of favorable production, convenient living, solidarity and mutual assistance, and fairness and reasonableness. The handling of adjacent relationships requires a balance between adjacent parties. If one of the adjacent parties claims to exclude obstruction in court, the judgment standard should be based on whether the behavior exceeds reasonable limits. For example, the behavior of "loving birds" mentioned earlier should be advocated, but the premise is that it does not hinder others. If there are no limits and boundaries, "loving" behavior can also cause trouble to neighbors and infringe on the relevant rights and interests of others. (New Society)

Edit:XieEnQi    Responsible editor:XieEnQi

Source:chinanews.com.cn

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