Residential Area Underground Parking Spaces Ownership Study

Along with the rising number of vehicles, the urban land increasingly scarce, residential area parking problem, has become one of the most controversial issues in the building differentiation ownership, village owner and real estate developers or property management company for parking Spaces of a dispute, controversy. China’s "property law" the 74 th the solution of the problem of ownership is the first meet the needs of the owners, by way of selling, complementary using or leasing, etc agreed by the parties. This actually is in the law to determine the parking space in the law are all belong to the developers. The regulation of this principle, ignore the current parking lots of different situations in our country. Since there is no parking Spaces in the distinction between different types, so after it issued, not in practice effectively solve the original has a lot of problems of parking space ownership dispute. Therefore, this article tries to build a reasonable parking space ownership system, balance the relationship between the two, through the law to encourage and guide, enables developers to build more parking Spaces, in at the same time, to satisfy his legitimate interests maximize meet the parking demand of owner. The body of this paper consists of three parts of contents:The first part: the overview of residential district underground parking space ownership problem. In this section, first of all, the main types of residential district underground parking Spaces, determine the three sources of underground parking space in our country; Second, enumerating several viewpoint of underground parking space ownership in our country, after analysing the shortcomings of all kinds of theory; Finally, on the current status of underground parking Spaces legislation in our country and determine standard definition.The second part: in this part, first of all, from the property law in our country the status quo and the problems existing in the controversial discussion, analysis problem of legislation in our country; Second, outside the comparison investigation about underground parking Spaces; Finally, with reference to foreign legislation cases and theory, found worthy of our reference, the place.The third part. Underground parking Spaces in residential district the ownership of thinking. In this part, first of all, in our country law should clarify the ownership of the residential area of the underground parking Spaces including legal parking space and increasing the number of parking Spaces; Secondly, on the legal right of underground space are clear, only such, underground parking lot can be expected only to obtain the ownership; Finally, give the owners’ committee as a legal person status, bear the functions of parking lots management and supervision.Finally, the thesis in the conclusion part, the problem of parking space ownership involves not only the owner of the ownership of the house of a complete implementation and living quality, and involves the national air defense facilities, urban planning and other issues, so need according to the specific condition of our country is analyzed and perfected. Part will be co-owned by the owners in the form of the use of the parking space set to lease, the owner on the basis of residential construction area determine the share of common parts parking, in proportion to their share of all parking space by determine the enjoy of rental income, the system designed to make full use of parking space resources, by the owner autonomous organization to manage, maintain the rights and interests of the owners of the community.