A Study On The Trial Practice Of Real Right Disputes Caused By Illegal Buildings

Along with the rapid development of urbanization, a variety of property disputes maybe caused by the illegal building, including illegal building business, leasing, mortgage, infringement disputes, and there is a gradually increasing trend. It is the difficulty in the work to deal with the property disputes properly caused by illegal building, now the court tends not to accept such disputes in practice. Because of the special national condition of our country, the illegal building in concept is always identified as the personal property of the builder, and there are no clear rules in the regulation of illegal building in the current law. As a matter of fact, it is likely to cause the appeal and petition of the builders, even to intensify contradiction between the builder and the court that the court ruled in accordance with the principal that illegal building will not be protected, In this case, if the court’s ruling balances the interests of illegal building builder in order to avoid the social contradictions, it will be hard for them to follow the criterion accurately in the trial of such cases. Especially in recent years the collective petitions caused by the land demolition by the local government have increased, and some of the disputes are caused by the demolition of the illegal building. The disputes caused by illegal building are numerous and complicated, and this article is to explore the property disputes between the builders and the others caused by the illegal building that can not re-apply for the formalities and how the court handle the cases that government bulldozed the illegal building without the judicial review.There are four parts in the article:The first part, property disputes caused by illegal building and judicial treatment, making sure the disputes and related judicial solutions to the proprietary rights and the use right of illegal building. The second part, taking the judicatory practice into consideration, the handling of illegal building disputes by the court will be summarized and analyzed. The third part, in-depth explore the theory of admitting the illegal building right conditionally, and analyze the legal basis of no proprietary rights for the illegal building and the basis of conditional recognition, and the real right of the illegal building. The last part, explore the practices of dispute trial, and come up with the processing mode of the dispute caused by the business, leasing, mortgage, infringement of the illegal building and related marriage dispute.