Analysis The Case Of Ownership Of Underground Parking Area

With the rapid improvement of people’s living standard, The number of privatecars is increasing. But because of the lacking of land resources, the owner anddevelopers about ownership of underground parking spaces in residential districtoccurred disputes frequently. the ownership controversy of underground parkingspaces in TAI Yueyuan residential districts is typical for such cases. This case hasthree main focus of controversy: the one is how to define the ownershipof parkingspaces of basement1and2in TAI Yueyuan residential districts;the two is how todefine the ownership of parking spaces of basement3in TAI Yueyuan residentialdistricts;the three is how to deal with the registration of underground parking.Article74in “property law” stipulates that the parties may by contract determine theownership of parking spaces, in other words, owners and developers can decideownership of parking space. But in this case the owner and developers did not reachan agreement on the ownership of underground parking spaces, and the law did notprovide how to deal with this situation. Besides because the law did not differentiatethe different types of parking spaces,so in this case how to define ownership ofunderground parking spaces transformed civil air defense projects is a difficultproblem. The above expounds the shortage of “property law”in China on ownershipof underground parking spaces. In addition, China is short of unified registrationsystem of underground parking spaces,so the agreement on ownership of undergroundparking spaces between developers and owners only have validity in the law ofcreditor’s rights, rather than the validity of the property law. Although some citieshave permit registration of underground parking spaces, for lacking of concreteoperating processes lead to some underground parking spaces belong to developers,whenthe ownership is not clear.Perfect the underground parking spaces ownership system, we should establishthree fundamental principles:balancing the interests between developer and owner、proper state intervention、restrictng the transfer,then clearly define the ownership.ofdifferent types of underground parking spaces in residential district. we shouldreference to the advanced experience of the Taiwan area and introduce the "legalparking space","additional parking space", and then determine the ownership of theunderground parking spaces in residential area, finally form the dual structure thatlegal underground parking spaces belongs to owners, and the additional underground parking spaces belongs to developers. Meanwhile we should establish unified undergroundparking spaces registration system,and explicitly regulate the registration of property right ofdifferent types of underground parking spaces and concrete operating procedure..