Study On Definitions To Joint Possession And Exclusive Ownership Of A Community

Joint possession and exclusive ownership constitute the two bases of buildings to distinguish their proprietary right. Although related regulations have been stipulated in Property Law of China, however, these regulations are too simple to give explicit definitions of joint possession and exclusive ownership to the components of a housing estate, thus bringing difficulty in protecting the rights of owners. Therefore, this paper tells the meaning of setting definitions to joint possession and exclusive ownership of a housing estate and, by combining laws both home and abroad, discusses about its three basic components, buildings, parking garages and internal facilities, and gives definitions to joint possession and exclusive ownership of components of a housing estate.There are five major parts and a conclusion totally with 27,000 words in this paper. Now the following will give a summary of its five major parts.â… Meaning of Definitions to Joint Possession and Exclusive Ownership of a Housing EstateDefinitions to joint possession and exclusive ownership of components of a housing estate play a significant role in following aspects. Firstly, it helps estate owners to implement their rights; Secondly, it is easy for estate owners to safeguard their rights; Thirdly, it helps to standardize the activities of estate developers; Fourthly, with the definitions, the housing estate management companies can fulfill their duties in right ways; Fifthly, conflicts will be decreased or avoided when governmental sectors exercise their functions and powers; Finally, legal basis can be provided when a People's Court faces related cases.â…¡Definitions to Exclusive Components of a Housing EstateExclusive components are the parts of a housing estate with exclusiveness which can be distinguished explicitly in structure and used solely. As judged by laws home and abroad, exclusive components generally refer to the house but no ranges are stipulated by these laws. There are still some academic theories concerning exclusive parts. However, the author of this paper doesn't consider these theories are scientific enough. Instead, the author classifies the walls, columns, beams, floors, ceilings as exclusive components, establishing legitimate shared exclusive rights, which grants owners the rights to utilize shared parts such as columns, beams, walls, floors, ceilings and thus solves out the problem of joint ownership and utilization to the joint parts as well as confirm the range of exclusive rights.â…¢Definitions to Joint Components of a Housing EstateJoint components are the parts which owners jointly utilize and possess except for the exclusive components. Joint components have the following three characteristics. Firstly, based on laws or contracts, joint components belong to all owners or some owners for use together; Secondly, joint components can not be isolated from the owned buildings; Thirdly, joint components provide services to the whole or some owners. Definitions to joint components which include shared structures, shared facilities and shared bases shall be given based on their natures and uses. Shared structures include load-bearing structural parts (infrastructure, inside and outside of the load-bearing walls, columns, beams, floors, roofs), outdoor walls, foyer, stairs, corridors, access roads, entrances and exits, etc.. Shared facilities include facilities of water supply, drainages, power supply, gas supply, heating supply, communications, fire-fighting and so on. Shared bases refer to the scope of use right of occupied land by all buildings.â…£Definitions to Joint Possession and Exclusive Ownership of GaragesGarages of a housing estate can be divided into four types, which are ground garages, overhead garages, underground and semi-underground garages and commercial garages. As for ground garages, they shall be confirmed to be shared by estate owners. Because these spaces are part of areas shared by all estate owners and the use rights f these areas have been transferred to estate owners with houses through estate trade contracts. As for overhead garages and semi-underground garages, it is appropriate to confirm them to be shared by estate owners. What the two types of garages occupy is the base of a building which is shared by all house owners of the building. What's more, the cost and technical requirements of such garages are comparatively low. However, with high cost and technical requirements, and by consulting foreign laws, underground garages shall be confirmed to be owned by the developers. The final ownership shall be confirmed by agreement between the developers and the house owners. For commercial garages, its areas and volume rates have been made clear in the planning documents, so they shall be confirmed to be owned by the developers by applying for documents of property rights and their final ownership can be determined by agreement between developers and estate owners.â…¤Definitions to Joined Possession and Exclusive Ownership of Internal FacilitiesInternal facilities of a community include running facilities and supporting facilities. The supporting facilities include facilities of landscape, entertainment, education, medical care, social service and commercial service.In running facilities, joined possession and exclusive ownership shall be distinguished among supply of electricity, heat, gas, drainage, sewerage, communication, etc.. The boundaries may be set to the joint between the separately used part and publicly used part. The pipes leading to the main pipe is shared part while separately used part is exclusive part.The facilities of landscape locate in open space and serve to the whole community, so they belong to the whole owners. Facilities of outside entertainment occupy the original area of a community and after the purchase of a house in the community, a promise has been made to the owner that the facilities shall belong to all house owners. As for clubs of a community, if the construction area of a club is calculated into the part of shared construction area and divided into each house, the club shall be shared by the whole house owners. If the construction area of a club is calculated separately into volume rate of the community, the club shall be confirmed to be owned by the developers. If the area of the club is not calculated into the construction area but occupies the shared original area of house owners, the developers obtain the ownership of the club after assuming the obligation of paying use fees to house owners. If developers refuse to pay the fees, the club can be shared by the developers and house owners based on the value of occupied areas by the club. And the ownership of movable property within the club belongs to investors while ownership of unmovable property shall be determined according to the property right of the club.The ownership to facilities of education, medical care, community service and commercial service refers to the ownership of related houses and equipment. Except those in shared public places and houses for estate service, the use rights of houses shall be determined by the agreement between developers and owners and installed equipment belongs to investors.