Research On Ownership Of Residential Underground Parking

With more and more people having private cars,parking problem of our country is becoming more and more universal.In practice,there are often disputes between residential property owners and developers on the rights of ownership of residential underground parking,it’s mainly reflected in two aspects.First,the owners think they have the property of the underground parking,because they think underground parking should be seen as community roads,street lighting,green belts,etc.They can use it or own it freely or without paying too much.Second,there is no detailed provisions on area pool in Chinese law or regulations,besides,area pool in sale contracts is always professional and blurry,it’s difficult for owners to understand.In practice,the developers often use it to deceive the owners.They sell the parking that have been allocated to the owners twice,which violates the interests of owners.Therefore,the article discusses the the rights of ownership of residential parking based on popular ideas,at last,I will give my own opinion.About underground parking,from the perspective of the relationship between residential district,there are different theories,for example,theory of the staple thing and the affiliated thing,the necessary facilities and accretion theory,and independent thereof.These theories have a direct impact on confirming whom has the ownership.The article argues that independence theory can be adopted for the conformity with the latest theories and civil law.From the perspective of the reality of the transaction,there are several standards about how to recognize the rights of ownership of underground parking pool.Contract theory and area pool theory is the most popular among them,but they are both not perfect,the articles argues.Besides,in the last ten years,the amount of cars increased too much,there are different interests,the provisions about underground residential pool and regulations are very rare.One short provision in Property Law is still a kind of negative provisions.Interim Regulation on Real Estate Registration,the long-awaited,is still short of provisions about it.More disputes between the owners and developers are caused by the absence of law and hysteresis.Based on the analysis by academic views of civil law and ideas about it from different countries (regions),I will give my own ideas on how to solve or improve the district underground parking system in China.First,from the perspective of the registration,it’s necessary to set the same registration system as the house.Second,from the perspective of classification,Taiwan has made a good example,classification not only can meet the needs of the parties,but aslo can use the land fully.As about some of the details of it,I will propose my own views.