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The 30th Civil Court of Santiago filed a lawsuit for damages and ordered the owner of an apartment in Villa Esperanza de Maipú to immediately repair her water pipes. to prevent further deterioration of the property of your neighbor on the lower floor.
In the ruling, Judge Daniela Royer established the responsibility of the owner of the apartment located on the second floor of the building, for the damage caused to the plaintiff’s property, by refusing to repair the leak that began in 2014.
“That although the plaintiff has not based her action on a malicious omission, this sentencing, according to the maximum meet the court of rights (“The judge knows the law”), not only has the attribution, but also the inherent duty to apply the Law in accordance with the factual antecedents that support the claim, so that the conflict exposed and described in the discussion stage of the process, can be subsumed to the norms that adjust to the material reality, and ultimately, find a resolution adjusted to the laws “, sustains the ruling.
The resolution adds that: “In this sense, what the plaintiff relates in her claim, in relation to the conduct that the defendant has shown in the face of the conflict, which is supported by the evidence rendered, conforms –more than a negligent action– to a willful omission by refusing to repair by itself, or to allow repairing at the plaintiff’s expense, the water leakage that has continued since 2014, voluntarily remaining in this conflict situation, for a long time and without justifying reason “.
“In this way, the first element of responsibility, that is, the illicit conduct executed by the defendant, it is proven“, Add.
For the court, the affected party “has the full right to pursue that the disturbance in the use and enjoyment of its property stops, which ultimately implies that the defendant must take charge of the water filtration generated by the use that she makes of the apartment “of the same building or “allow entry to your home to carry out this repair, at your expense, as this is the only way to stop the inmission.”
Thus, the defendant must repair, at its own expense, the water leak within a period of two months.
In case of not complying within the established period, the woman must allow the repair, at her expense, for which the plaintiff will be empowered to enter the property together with the necessary personnel to carry out the work, which will be done with the assistance of the public force, if required, dictates the ruling.
In addition, the court ordered the defendant to pay the sum of 2.5 million pesos for non-pecuniary damage, readjusted according to the variation experienced by the Consumer Price Index between the date of the issuance of this judgment and its effective payment, and with current interest since the ruling is enforced.
