The Proprietorship Ownership Of Underground Garages In Residential Districts

These years, disputes around the proprietorship ownership of parking spaces and garages in residential districts continuously increase. Though after the promulgation of Real Right Law, it is clearly stipulated that the parking places which occupy the roads or other fields commonly owned by all owners shall be in the common ownership of all the owners, but there is still no clear regulation about ownership of underground garages. Who the underground garages in residential districts belong to? Developers or proprietors? Can they be acquired by proprietor through the sale, attached gifts or other ways? Problems of this kind were focused on by the society, and produced greatly more disputes. Due to the lack of stipulation about underground space in China, underground garages can not get independent land use rights, it is very hard to explicitly definite their proprietorships. In this article, arrording to related regulations together with the current theories and practices at home and abroad, writer shall discuss on their proprietorship ownership for different types of underground garages in residential districts, and put forward some perfection suggestions.