Research On Underground Space Rights

Land is a scarce resource, the exploitation and utilization of the land is more and morediversified as our country’s economy booming. The development of underground spacebecomes the inevitable choice of the urban. At the same time, along with the number ofprivate cars have increasing, the demand of parking area is increasing. As the undergroundgarage can not only improve the land intensive utilization, but also can solve the problemof residential parking. The Underground Garage is becoming more and more popular withthe people. However, due to the theory of space right is inadequate in legislation andpractice in our country, the underground garage right ownership is not clear for a long time.Therefore, as the dispute over the ownership of the underground garage is increasing, it ismore important to search for the theory of underground space rights behind theunderground space rights disputes.The development and utilization of underground space has become normal in ourcountry at present, and the scale of the underground space is expanding. However, we have to see, the Underground Space Rights have not been able to introduce in relation to landuse rights in China. And the Property Law which passed in2007also did not admit spaceright. The author argued that theory of underground space right still need us to makefurther research and discussion in our country, and to solve the problem such as the disputeover the ownership of the underground garage, it is necessary to introduce undergroundspace right system in legislation.