Legal analysis: Wang Tao (pseudonym) and Zhang Lei (pseudonym) are neighbors, with Wang Tao in the front and Zhang Lei in the back. From 2065438 to March 2005, Wang Tao was going to demolish old buildings and build new ones on the old border, so he went to Zhang Lei to negotiate. Zhang Lei agrees with his former neighbor Gai Lou. Since then, the relationship between the two families who have never been married has become better. However, when the building is about to be capped, Wang Tao wants to build three rear windows in the direction of Zhang Lei's residence. To this end, in the process of Wang Tao's building, Zhang Lei repeatedly blocked the construction of the construction team, resulting in a slow construction progress. On June 15 of the same year, Zhang Lei once again blocked Wang Tao from building a house, and the two families had a dispute. After repeated mediation failed, Wang Tao sued Zhang Lei in court. Wang Tao, the plaintiff, claimed that Zhang Lei, the defendant, had repeatedly obstructed the plaintiff's construction, and his behavior infringed the plaintiff's legitimate rights and interests, and requested the court to order the defendant to stop the infringement according to law. The court conducted an on-site investigation and chiseled the rear window in violation of the agreement. Defendant Zhang Lei argued that the plaintiff's claim could not be established. Now, Wang Tao's building has been basically completed, and the reason why he blocked Wang Tao's construction is because before Wang Tao went to Gai Lou, the two sides reached an agreement through oral negotiation, and Wang Tao promised not to leave a back window. Now, Wang Tao reneged and began to build three rear windows on the north wall of the second floor of the building under construction, which violated the principle of good faith. Moreover, the three rear windows directly face the defendant's bedroom courtyard, which will inevitably affect his private life and invade his privacy. Finally, leaving a rear window is not in line with local customs. To sum up, Zhang Lei thinks that Wang Tao's claim cannot be established. After an inquest, the police officers of the court found that the building of the plaintiff Wang Tao had been capped, and there was no back window, but there was a beam printed on it, ready to chisel the back window. After trial, combined with the testimony of witnesses, the court held that both the defendant and the plaintiff had verbally agreed that Gai Lou should not leave the back window. The oral agreement shall conform to the court's decision to reject the appeal. After trial, the court held that whether rural housing can be left with a rear window is not stipulated by law and should be handled according to custom. In local rural areas, there is generally no back window for building houses, but the formation of habits is determined by local economic and cultural factors. As the basis of habits tends to weaken, habits are gradually changing. On the premise that the neighboring parties reach an agreement on the window size, window transparency and the height between the windowsill and the ground, some houses have back windows. In this case, the building built by the plaintiff has a large span from north to south. Considering the factors such as lighting and ventilation, the plaintiff's act of digging the back window should belong to the proper exercise of property rights and does not constitute an infringement of the defendant's privacy. However, there should be corresponding restrictions on the exercise of their rights, that is, the plaintiff should bear the necessary tolerance obligations, such as setting relevant restrictions on the size and size of the window, the transparency of the window, the setting of obstacles or fences, and the height of the window sill from the ground, and the specific requirements for such restrictions are limited to not infringing the defendant's neighboring rights.
Legal basis: Article 288 of the Civil Law, the neighboring obligee of real estate shall correctly handle the neighboring relationship according to the principles of favorable production, convenient life, solidarity and mutual assistance, and fairness and reasonableness.