Space Registration Rules Of The Right To Use Construction Land Research In China

The 136 th Article of the Real Right Law of the People's Republic of China provides that:“ the right to use construction land may be created separately on the surface of or above or under the land. The newly set-up usage right of construction land should not harm the established usufructuary right. For more than 10 years, our country has carried out many exploration and pilots to the registration of usage rights of space construction land, involves the registration scope, registration type, and so on. However, there is a big difference in the regulations to the registration of space construction land in different regions all over the country. From the registration practices, the determination of space scale of the usage right of space construction land is the most difficult problem, especially there is no specific and feasible standards to the measurement of three-dimensional space.From the regulations of extraterritorial legislation on the usage right of space construction land, the civil law countries (regions) stipulate the space right as a special form of common land right above the ground in article of usufructuary right of the Civil Code; Common law system countries draft special laws to space right because they do not think the space right is the extending of the land right above the ground. From the country (region) perspective, in Germany, the right above the land includes the common land right above the land and also the space above the land, and there are special registration book pages to the right above the land. In Japan, the space right is called “ the right to distinguish above the land”, besides the items same as the right above the land should be registered, the upper and lower range of the space should also be registered. The measurement methods of the upper and lower range of space are mainly two kinds: one takes the mean sea level as a baseline; the other one is to use a specific location in or near the area as a benchmark. In Taiwan, to distinguish the right above the land, the legislation stipulates mainly the setting up conditions, registration, effectiveness, limitations, eliminations and acceptance terms. The measurement methods of space range are mainly two kinds: one takes a fixed reference point set by the parties to be the standard to distinguish the range of right above the land; the other takes the mean sea level as the baseline. In the US Federal and some states such as Illinois, Oklahoma, there are special legislations.In China the registration rules could be structured from five areas: registration objects, cases, items, type, and application materials submitted for application of registration. Registration objects is the range of “space”, should be the specified space, only refer to the space occupied by a single construction project. Registration cases should be including all kinds of space using methods such as transportation facilities, municipal facilities underground, civil air defense facilities underground, commercial facilities underground, etc. Registration items are divided to be the natural status and right status of the space. Registration types are mainly types such as: first registration, change of registration, and transfer of registration, etc. Regarding the materials submitted for application of registration, the legislation should consider the particularity of different registration types.