Allocation Of Property Rights Of Parking Lot In The Community With "Haining Case"

Dividing ownership is the result of mechanization of residences.Divisional ownership of building reflects the state of such right.Such rights are scientific and reasonable.Although the divisional ownership of building is a type of property rights,try to reach balance in hierarchical society. But it cannot be operated by general rules of ownership and co-ownership.As a new type of property rights,it should be stipulated separately in property law.Ownership of parking lot is specifically provided in the division of buildings,the plan of which is not only related to the protection of the rights and interests of broad urban residents,but also to the harmonious life of the whole community. With the further deepening of housing system reform in China as well as the constant emergence of the car owners, "parking dispute" has become one of the issues of social concerns. The original of dispute roots in that China's regulations and laws about which the property right of parking place in community belongs to is not so clear. On this point, if not regulated and resolved, "parking dispute" will set the legitimate rights of the real estate developers and the horizontal owners into an uncertain state, and it will seriously harm the lawful rights and interests of the parties, hamper the healthy development of the real estate market, and bring lots of problems to the socio-economic life and public administration, which will trigger a wider conflict confrontation betwteen both.This paper introduces the "Haining Case" as a reference. It points out the existing problems of the judgments by corresponding analysis and estimation about the trial and judgments in this case. Then, it analyzes relevant doctrines about the common ownerships of the construction horizontal ownerships, which illustrate its concepts, characteristics and nature. In this paper, by introducing five kinds of car parking place existing in the residential community, it analyzes the advantages and disadvantages of these five forms and explains the respective ownerships. It chiefly focuses on the ownership of the underground parking places in the residential community, so as to point out that, only if the ownership of the parking places is clear, can disputes of rights of using and proceeds of garage among the owner, real estate developer and the property management companies be solved. At the end of this paper, it puts forward some advices from the author for improtive protection to achieve confirming of the ownership of the parking place in community.In conclusion,the status of the parking lots of apartment buildings might be summarized as follows:1. if the constructors as well as the sellers have apportioned the construction costs of parking lot into the sales price of apartment,it should be explicitly included in the sales contract to recognize the joint ownership of the apartment owners of the parking lot;2. if the cost are not apportioned,the outdoor parking lots,and certain underground or indoor parking lots as stipulated by the regulations should be jointly owned by all owners of apartments in that building;3. The apartment owners may specify the exclusive rights to use each units which are jointly owned based on the agreement concluded among them;4. in addition to the foregoing,the units of the inside parking lots of the apartment buildings can be regarded as independent objects and the constructors can sell them separate from the apartments.