Residential District Underground Parking Garage Ownership Problem Research

Residential area of the underground parking lot ownership dispute has a rising trend in recent years,although the "property law" the 74th on the ownership issue of residential district,parking garage the rules,the concentrated ownership of residential parking places and garages hierarchy and effectiveness,but the principle rules both in legal theory Angle and practice there are some defects.In the first paragraph about the "first meet the needs of the owner," this rule is too rough and principle,easy to produce ambiguity,lack of maneuverability,also can bring the parties and the judge in the judicial practice how to understand a certain confusion.The second paragraph the garage ownership may be agreed by the parties in the district,but no provisions or the agreement does not agree on the ownership of the situation.In the practice of real estate developers,property management companies and commercial housing residential owners in parking lots on the sale,use,charges,produced a series of problems to be solved."Property law" the 74th,therefore,in the judicial practice and practice,on understanding are easy to produce the problem such as ambiguity,interoperability is not strong.This article take the normative analysis,inductive analysis and case analysis research method,combining with the underground parking lot different ownership dispute cases,use of underground construction land use rights,right of space,such as theory,expounded the ownership of the residential area underground parking lot belonging to three different rules.First of all,combined with practical case analysis to summarize all the general rules of ownership of underground parking Spaces developers precondition and basic conditions.There are two preconditions:one is the developers to obtain favorable unavailability land underground space;2 it is included in the project construction plan and the approval of the land,real estate and other relevant departments.Also has two basic conditions:first,the developers investment in conformity with the prerequisite for the construction of underground parking lot;2 it is to prove that its construction costs have not been to the owner.Secondly,combined with practical case analysis summarizes the underground parking space ownership of all the owners of special rules and recognized the problem,the special rules of reason to include the cost of construction of the underground garage has been Shared out to house prices and the underground garage as ancillary facilities of the building.Finally,which has the function of civil air defense of our special underground parking garage ownership of special rules were analyzed,and combining with the judicial practice case summary which has the function of civil air defence underground parking lot in peacetime in line with the "best" and "who invests,has" the principle,utilization,management,and earnings part such as property developers all the rules.