Discussion On The Ownership Of Parking, Garage

Parking spaces to the parking place, including open spaces and indoor spaces.Garage is specially built by the developer, parked vehicle services produced byresidential property owners. It is part of the whole district, has a separate space,ancillary buildings for the purpose of storage of vehicles.Property Law Section74provides that:"building within the region, planning for parking car parking spaces,garage, first to meet the needs of the owners, their ownership by the parties throughthe sale, comes with or rental agreement, occupied by the owners roads or otherplacesparking spaces for parked cars, owned by the owners."this provision requiresthe owners have the right to use the garage, through consultation with the developer toresolve the ownership of the garage to protect their legitimate interests, but thisprovision does not give full consideration to the developers and ownersunequal status;in accordance with the provisions of law, the developer and the owners agreedattribution of parking spaces, garage, the two sides agreed on both sides have the rightto the agreed need, with the convention’s power base, and parking spaces, garageownership does not determine rights basis is not agreed by the parties. Finally, manyowners and developers convention, may be inconsistent conventions. Therefore, thefinal settlement of the problem or to return to the right of ownership up.This article is based on the background and engage in intensive study, the first partof this paper is to proceed first from the nature of parking spaces, garage, a detailedanalysis of the categories of parking spaces, garage, explore the nature of the parkinggarage; The second part discusses the parking garage rightattributable to complexreal-life situations, the article seeks both to all aspects of a detailed analysis of thespecial circumstances of five parking spaces on the ground, independent garages,parking spaces for elevated levels of the buildings first floor roof terrace, parkingspaces and parking spaces, the use of civil air defense projects adapted from thegarage to explorehow to solve the problem of attribution; in practice, there are parking spaces, garage cost is apportioned residential development costs, if apportionedresidential development costs, sales price should be increased, the parking spacesowned by the owners, but not apportioned residentialdevelopment costs, how toreconcile the conflict between developers and owners to achieve a win-win situation.The cost of parking spaces, garage allocated to construction costs, there is no operable,can take into account the legitimate rights and interests of the owners, these will be ofthis paper to detail. The third part of China’s Property Law Section74,"PropertyLaw" in China74parking spaces, garage dispute processing to provide theappropriate legal basis, but this rule is defective. In real life there are many exceptions,on the right of ownership of the parking garage, developers and owners of interestsare in conflict, the rules of property law the provisions of the agreement itselfimperfect, violating the legitimate rights and interests of the owners."First of allowners meet the needs" is not really meet the needs of the owners, not just to themajority of the owners to draw a pie.74provides only a framework is too general forreal life on the parking garage disputes difficult to have specific guidance74shouldalso continue to refine and perfect. Improve the law is on the one hand, thegovernment in which the role of essential government to strengthen supervision andimprove developer access threshold, so that developers will be strictly in accordancewith the law, damage the lawful rights and interests of the owners would happen less.