Research On The Legal Problem Of Underground Space Rights

The underground space right born in late 19 th century, as a whole right, space right is an important property in civil law, and the underground space right is a special space independent branch. With the utilization of the deepening development the meanings of promoting three-dimensional application of underground space and protecting the sustainable use of land resources are more prominent. For the real require, as a result, in 20 th century, every developed country legislates the system of underground space, and every legislation seems to be special and unique.Since the 21 st century, urban underground space development in China is very fast, but our current legislation for underground space is still quite behind. On the Basic level, only the Chinese Property Law claims that construction land use rights can be set up in the ground, on the ground or underground land, the newly established construction land use right shall not prejudice the established usufruct. And the relevant rules and regulations made by the local governments is difficult to establish a complete system of underground space rightIn summary, this article intends to start from the underground space and underground space easements, through the study the dispute of the theory of underground space right, makes the underground space right clear as the right that sets up in others’ specific underground space, for the purpose of having a building or other work material, and it’s one kind of usufruct. In China, this can be described as the underground space usufruct of construction land, which needs a blameless system of setting up, registration antagonism and eliminating. At last, comparing with all kinds of underground space adjacent relationship, and different rights exist in underground space, it’s necessary to apply new adjustment rules except the old ones from traditional neighboring relations.