Research On The Boundary And Scope Identification Method Of House Property Area

Property in the socialist market economic system is the premise and basis ofcommodity transaction. Only those who completely have the property of commodityare legally qualified to put the goods into the market and go on with subsequent trade.The modern market economic theory implies that an important premise to define theownership of property right is the delimitation of property right and only the propertythat has clear ownership will have the force of law. Real estate is subordinate to thecategory of real property， and its transaction in fact is changes in a series of propertyright relationship. In order to obtain the legal protection and have the force of law，transaction must fulfill the corresponding property alteration.In fact， there are few literatures on house property area， recognitionmechanism and existing problems. But correlation and edge theory are more abundantand complete in literatures， and there is no lack of mature views on systemconstruction. These theories play a crucial role in guiding the identification anddifferentiation of house property area in China. With the continuing process ofurbanization and rapid development of real estate industry， hidden perils and defectsin the existing housing property area recognition system have gradually emerged.There are relatively fuzzy views on basic knowledge of house property area，difference between the house property area and other types of area， and therecognition mechanism of the house property area and so on. This paper is two-fold: a)Based on the theory of property rights， various confusing concepts of all kinds ofareas will be clarified; b) a series of problems existing in the recognition process ofcurrent housing property area will be probed into and the boundary of house propertyarea and recognition methods of scope will be analyzed on the basis of property rightstheory by taking some cases for example.Property rights theory is an important theoretical evidence for the research of thereal estate area. A detailed understanding of property right connotation， function，boundary and scope and definition of the property rights are particularly important.The attribute of house property right mainly explain the connotation of house area andthe distinction between real estate area， construction area and volume fraction area.In addition， it also elaborates a series of performances of housing area propertyattributes and highlights the importance and urgency of figuring out the scope and boundary of property rights by introducing the origin of rampant "steal area" and itsconventional methods.The recognition methods of boundary and scope of house property area aremainly sorted out on the basis of preexisting research findings on the house propertyarea recognition mechanism from the perspective of asset base， longitudinal base，transverse base， income base and special base. A subsequent introduction on thebasic principles and application of several recognition methods proceeds. Exclusiverecognition method is responsible for the identification and differentiation of propertyarea of exclusive parts and figuring out the boundary and scope in order to ensure thebase of house architecture area and compute in proportion， while commonrecognition method is responsible for the counterparts of common parts. Structuraland functional recognition method reckons again the boundary and scope of propertyrights after structural or functional changes in house structure， which aim at solvingthe area apportion differences of public buildings at different times or theinconsistency in the case where one is equal to another in indoor floor area but theirassigned public areas are unequal because of historical factors， design change orspace separation change. And spatial area recognition method relies on the inseparablerelationship of volume fraction， house property rights and land to identify the legalboundary and scope of house property rights. The last one—special site recognitionmethod mainly takes responsibility for the boundary and scope recognition of suchspecial areas as expansion joints，passageways through buildings，fire engine accessof neighborhoods， underground parking.