Community Ownership Of Underground Parking Spaces

In recent years, with the rapid growth of private car ownership in China, the higher residential area of the floor, the more residents, area of ground and underground parking Spaces became a scarce resource. Along with the property law in our country, the ground parking space ownership can be clearly defined. But due to the particularity of the underground space, often appear district underground parking space ownership dispute. Because demand limitless and underground resources scarcity and fickle kinds of market main body, in the practice of developers often use "transfer contract" legal boundaries. Residential area underground parking Spaces "transfer contract" in China often has the problem of ownership rules, And the provisions of the relevant laws and judicial interpretations is too brief and abstract, lead to Underground parking space ownership dispute occur repeatedly. Aiming at the problems of Residential area underground parking Spaces "transfer contract" existing in the practice, analyze the problems related to the ownership of underground parking Spaces and the improving Suggestions for such problems. This paper will be divided into five parts:The first part:defining the concept of underground parking Spaces of our country. The second part:to discuss the ownership in our country at present situation and existing problems of the underground parking space ownership. The third part:analysis of land disputes exist in the theoretical circle. The fourth part: analyze and draw lessons from foreign underground parking space ownership rules, including Germany, the United States and France. And put forward personal views and opinions on this issue. The fifth part:Put forward the suggestions of perfecting our country’s system of residential underground parking space ownership.