The Ownership Of The Space Right Above The Condominium Building

With the increment of the city population and the comparative shortage of theland, it's necessary to make space exploitation and utilization .The value of the spaceabove the condominium building has been raised because of multiform use and thedisputes occurred .The location of the space above the building is so special that it isnext to the proof and a part of the base land. When using the space of the building, thecondominium ownership and the space right are both involved. But the lack inlegislation in both makes it difficult to settle the dispute. And the differences of thedoctrine intensify the confusion. So it's important to analyses the ownership of thespace right to draw a conclusion. The article consists five parts. In the first part, it analyses the relationshipbetween the roof and the space above it, from mix to depart, and the conclusion isdrew that the owner of the land has ownership of space, the owner of thecondominium has the use right of space.In the second part, weather the space included in the right to use of land can bethe object of the space right is the main topic, the space scope of the use right of landin China is not definite, but the development needs space exploitation and people haveset up space right in practice. so it can be inferred that the specific space above theroof can be the object of the space right.In the third and fourth part, to find the nature of the different rights, the differentuse forms of the space are classified. And the influence of condominium ownershipand space right was carved out and to settle the intensive relationships between theinterests.In the last part, the author gives some suggestion on space right legislation. Thelack in legislation should be changed in the process of the legislation of property law,and the main rules of space right should be built. In addition, other legislation shouldbe done to improve the whole system. With the guidance of the law, the space couldbe exploited more efficiently.