Ownership Of Residential Parking Spaces

Car has become a daily essential items. With the increase of privatecars, parking becomes a problem, the ownership of residential parkingspaces are also escalating the dispute. In this paper, practice as thestarting point of controversy, by the nature of residential parking spaces,demonstrate the method for obtaining, analyzing the pros and cons of legalprovisions exist. With more analysis of the law of other countries, toachieve complete our law to resolve ownership disputes, for the purposeof building a harmonious environment of parking spaces.This paper is divided into four parts:The first part is sorting out the dispute ownership of residentialparking spaces. Residential parking spaces, including undergroundparking, open parking and parking floors overhead, there are former twoforms in China. The residential parking spaces are from the material,accretion material or part of Identify all buildings, determine theirownership. Residential parking space is a common part of all distinctionbetween the buildings, owned by all the owners.But the owners may agree to some of the exclusive right by consent of allthe owners.The second part is the distribution and access ways of residentialparking spaces. The existing premises are at one doctrine, the principlesof economic costs and the principles included in the pooled. Premises ofone doctrine used to determine the ownership of parking spaces is tooone-sided, while the economic cost principle and the principle should beincluded in comprehensive application. Prove detrimental to the ownership of parking spaces by the owner to enjoy.Owners based on the law oragreement between the parties can obtain the ownership of parking spaces.The third part is the foreign country’s legislation and the legislativerevealed analysis. China’s "property law" provides for a more general main,need to further improve. Agreement between the owners are allowed, butnot cleared how to deal with explain no agreement, underground parkingis also not mentioned in the special case. The owners of exclusive rightsin American law, proprietary part of the system in Germany, known to thepublic in Japan, to strengthen the obligations of developers in Franceare all worth our learning.The fourth part is attribute solutions to residential parking. Basicsolution is a statutory priority and allowing agreement. But must ensureowners rights, when the parking space is no agreement or agreement notclear the ownership by the owners. Resolve ownership disputes shouldpropose to improve the relevant legislation first. Included detailedprovisions of our country, establish the legislative framework, a clearviolation of the responsibility system of parking spaces. Second,implement of property registration system. Registration owned bydevelopers, otherwise owned by the owners. Finally, strengthensupervision of the circulation of residential parking spaces. Whetherthe rights should be reviewed for clear flow，there are no ownershipdisputes. Owners can also check to safeguard their own rights.