A zinc plate was placed by the neighbor in the area occupied by the window corresponding to the last room in his house, which prevents the entry of light and ventilation.
To this element he attached another similar one to function as the ceiling of an exterior corridor, without respecting the proper distance or taking into account that with this act he caused the water to flow with greater force on the wall and, consequently, the appearance of mold and moisture marks.
Also, arbitrarily, he built a plateau to use as a laundry room, embedded in the aforementioned wall.
His attempts to resolve the conflict through dialogue were unsuccessful; therefore, he had no choice but to go to court. What power would that neighbor have to invade his space for his own benefit?
Neighboring relationships generate rights and obligations for the owners of the neighboring properties. This is established by the Cuban Civil Code in articles 170 and following. It also clarifies that the latter must refrain from carrying out acts that disturb, beyond the generally accepted limit, the enjoyment of the residents.
However, it is one of the matters that very often generates disputes that end up in the courts, appearances in which the Court, after hearing the parties and evaluating the existing evidence, issues a definitive resolution.
In the previous case, the defendant had to remove the zinc plate placed on the window and move a distance of 75 centimeters the one placed in the exterior corridor near the property boundary wall. So, one wonders: why didn’t he do that operation from the first moment? Is it due to ignorance or perhaps to test force?
For various reasons, such as modernity and urban development, friction between neighbors has increased. Thus we see that they not only fight for intrusion into their space, but also for the music set to levels higher than those tolerated, the constant noise of a saw, the spillage of garbage near the properties….
Usually, when one neighbor upsets another for whatever reason, relations become strained. Tension and conflicts prevail in the environment, which can even have fatal outcomes.
That expression of our grandparents that “the best brother is the closest neighbor” seems buried by others such as “this is my house and I do whatever I want in it” or “whoever doesn’t like it, let them move”.
There is nothing better than living in peace and harmony with those around us. For this reason, before doing something that harms them, it is better to think about the consequences, and if it has already been done, would it not be better to exhaust all the reasons and efforts with good will before entering the intricacies of the law? Without a doubt, I think it is worth reflecting on it. (ALH)
Translated y Casterman Medina de Leon