Property right law property management

In the process of commercial housing construction, some donated areas should be uniformly laid by the property-there is no such provision.

However, 1. You should be clear whether the gift area part you mentioned conforms to the property law. Whether it is personal or not, it can be reflected in your room book. To put it bluntly, the purchase contract clearly States that the property right belongs to you. If you have the right to build it yourself, but for the overall beauty and added value of the community, you should unify the appearance style according to the property regulations. Although there is no law of death, everyone knows that it is for their own good. If you don't agree, other owners will oppose you. Then apply the property law.

The ownership of the gift area you mentioned is not yours. Why not add a garden on the first floor and a terrace on the top floor? Then I can tell you that you have been cheated, which belongs to all the owners and property management. It's just that I promised you to use it first If other owners appeal, it's not yours. Besides, it's not in the contract. Nothing you can do can stop it.

I suggest you look at the property law, first know who the gift area you mentioned belongs to, and then you will know what rights you have.

law of property

Chapter II Establishment, Alteration, Transfer and Elimination of Real Right

Section 1 Registration of Real Estate

Article 9 The establishment, alteration, transfer and extinction of the real right of immovable property shall take effect after being registered according to law; Without registration, it will not take effect, except as otherwise provided by law.

Natural resources owned by the state according to law may not be registered.

Tenth real estate registration shall be handled by the registration agency where the real estate is located.

The state implements a unified registration system for real estate. The scope, organization and method of unified registration shall be stipulated by laws and administrative regulations.

Article 11 When applying for registration, the parties shall provide the ownership certificate, property boundary, area and other necessary materials according to the different registered items.

Twelfth registration agencies shall perform the following duties:

(1) Examining the ownership certificate and other necessary materials provided by the applicant;

(two) ask the applicant about the registration matters;

(three) truthfully and timely registration of related matters;

(4) Other duties as prescribed by laws and administrative regulations.

If the relevant information of the real estate applied for registration needs further proof, the registration agency may require the applicant to supplement the materials, and may inspect it on the spot if necessary.

Thirteenth registration agencies shall not have the following acts:

(1) Requiring real estate appraisal;

(two) repeated registration in the name of annual inspection;

(three) other acts beyond the scope of registration duties.

Article 14 The establishment, alteration, transfer and extinction of the real right of real estate that should be registered according to law shall take effect when it is recorded in the real estate register.

Article 15 A contract concluded between the parties on the establishment, alteration, transfer and extinction of the real right of immovable property shall come into effect upon the establishment of the contract, unless it is otherwise stipulated by law or the contract; Failure to register the real right shall not affect the validity of the contract.

Sixteenth real estate registration book is the basis for the ownership and content of real right. The real estate register is managed by the registration agency.

Seventeenth real estate ownership certificate is the proof that the right holder enjoys the real estate right. The items recorded in the certificate of real estate ownership shall be consistent with the real estate register; If the records are inconsistent, unless there is evidence to prove that the real estate register is indeed wrong, the real estate register shall prevail.

Eighteenth rights holders and interested parties may apply for inquiring and copying the registration materials, and the registration institution shall provide them.

Article 19 If the obligee or interested party thinks that the items recorded in the real estate register are wrong, it may apply for correction of registration. If the obligee recorded in the real estate register agrees to make corrections in writing or there is evidence to prove that the registration is indeed wrong, the registration institution shall make corrections.

If the obligee recorded in the real estate register has any objection to the correction, the interested party may apply for objection registration. If the registration authority registers the objection, and the applicant fails to file a lawsuit within 15 days from the date of objection registration, the objection registration is invalid. If improper registration of objections causes damage to the obligee, the obligee may claim damages from the applicant.

Article 20 If a party signs a property right agreement on the sale of a house or other immovable property, it may apply to the registration authority for advance notice registration in accordance with the agreement in order to ensure the realization of the property right in the future. After the advance notice registration, if the obligee without advance notice registration agrees to dispose of the real estate, the real right effect will not occur.

After the advance notice registration, the creditor's rights are extinguished or the application for registration is not made within three months from the date when the real estate registration can be carried out, and the advance notice registration is invalid.

Article 21 If a party provides false materials to apply for registration and causes damage to others, it shall be liable for compensation.

If the registration error causes damage to others, the registration institution shall be liable for compensation. After compensation, the registration institution may claim compensation from the person who caused the registration error.

Twenty-second real estate registration fees shall be charged one by one, and shall not be charged according to the area, volume or price of real estate. The specific charging standard shall be stipulated by the relevant departments of the State Council jointly with the competent price department.

Section 2 Delivery of Movable Property

Article 23 The establishment and transfer of the real right of movable property shall take effect upon delivery, except as otherwise provided by law.

Article 24 The establishment, alteration, transfer and extinction of real rights of ships, aircraft, motor vehicles, etc. shall not be opposed to bona fide third parties without registration.

Twenty-fifth before the establishment and transfer of the real right of movable property, if the obligee has occupied the movable property according to law, the real right will take effect from the time when the legal act takes effect.

Article 26 Before the establishment and transfer of the real right of movable property, if a third party legally occupies the movable property, the person who has the obligation of delivery may replace the delivery by transferring the right to request the third party to return the original property.

Article 27 When the property right of movable property is transferred, if both parties agree that the transferor will continue to possess the movable property, the property right shall take effect from the time when the agreement takes effect.

Section III Other Provisions

Article 28 Where the establishment, alteration, transfer or extinction of real right is caused by the legal documents of the people's court or arbitration commission or the expropriation decision of the people's government, it shall take effect when the legal documents or expropriation decision of the people's government takes effect.

Article 29 Where a property right is acquired by inheritance or bequest, it shall take effect from the beginning of inheritance or bequest.

Thirtieth due to legal construction, demolition and other factual acts to establish or eliminate property rights, from the date of realization of the factual act.

Article 31 Whoever enjoys the real right of immovable property in accordance with the provisions of Articles 28 to 30 of this Law shall register in accordance with the law when disposing of the real right. Without registration, the effect of real right will not occur.

Chapter III Protection of Real Rights

Article 32 Where a property right is infringed, the obligee may settle it through conciliation, mediation, arbitration and litigation.

Article 33 If there is a dispute over the ownership and content of the real right, the interested party may request confirmation of the right.

Article 34 Where a creditor has no right to possess a realty or chattel, the creditor may request the return of the original property.

Article 35 Where the real right is damaged or may be damaged, the obligee may request that the obstruction or danger be removed.

Article 36 Where a realty or chattel is damaged, the obligee may request to repair, redo, replace or restore it to its original state.

Article 37 If the infringement of property rights causes damage to the obligee, the obligee may demand compensation for the loss or bear other civil liabilities.

Article 38 The methods of protecting property rights stipulated in this chapter may be applied separately or in combination according to the situation of infringement of rights.

Infringement of property rights, in addition to civil liability, in violation of administrative regulations, shall bear administrative responsibility according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Part II Ownership

Chapter IV General Provisions

Article 39 The owner shall have the right to possess, use, profit from and dispose of his real estate or chattel according to law.

Article 40 The owner has the right to establish usufructuary right and security right on his real or movable property. When exercising their rights, the usufructuary right holder and the security right holder shall not harm the rights and interests of the owner.

Article 41 No unit or individual may acquire ownership of immovable property and movable property exclusively owned by the state according to the law.

Article 42 Land owned by collectives, houses of units and individuals and other immovable property may be expropriated for the needs of public interests in accordance with the authority and procedures prescribed by law.

Expropriation of collectively owned land shall pay land compensation fees, resettlement subsidies, ground attachments and young crops compensation fees in full according to law, arrange social security fees for land-expropriated farmers, ensure the livelihood of land-expropriated farmers and safeguard their legitimate rights and interests.

The expropriation of houses and other immovable property of units and individuals shall be compensated for demolition according to law, and the legitimate rights and interests of the expropriated person shall be safeguarded; Expropriation of individual houses should also guarantee the living conditions of the expropriated person.

No unit or individual may embezzle, misappropriate, privately divide, withhold or default in collecting compensation fees.

Article 43 The State applies special protection to cultivated land, strictly restricts the conversion of agricultural land into construction land and controls the total amount of construction land. Collective-owned land shall not be expropriated in violation of the authority and procedures prescribed by law.

Forty-fourth due to emergency rescue, disaster relief and other urgent needs, in accordance with the authority and procedures prescribed by law, units and individuals can be requisitioned for real estate or movable property according to law. The expropriated real estate or chattel shall be returned to the expropriated person after use. Units and individuals whose immovable property or movable property is expropriated or damaged or lost after expropriation shall make compensation.

Chapter V State ownership, collective ownership and private ownership

Article 45 property owned by the state according to law belongs to the state, that is, to the whole people.

State-owned property is owned by the State Council on behalf of the state; Where there are other provisions in the law, those provisions shall prevail.

Article 46 Mineral deposits, currents and sea areas belong to the state.

Article 47 The land in a city belongs to the state. Land in rural and suburban areas owned by the state according to the law belongs to the state.

Forty-eighth natural resources such as forests, mountains, grasslands, wasteland and beaches. Belong to the state, except those that are collectively owned by law.

Article 49 Wild animal and plant resources owned by the state according to law belong to the state.

Article 50 Radio spectrum resources belong to the state.

Article 51 Cultural relics that belong to the state according to law belong to the state.

Article 52 National defense assets belong to the state.

Infrastructure such as railways, highways, power facilities, telecommunications facilities and oil and gas pipelines are owned by the state according to law.

Fifty-third state organs have the right to possess, use and dispose of real estate and movable property directly controlled by them in accordance with the law and the relevant provisions of the State Council.

Article 54 A public institution shall have the right to possess, use, profit from and dispose of the real estate and movable property under its direct management in accordance with the law and the relevant provisions of the State Council.

Article 55 The the State Council and the local people's governments shall perform the investor's duties on behalf of the state and enjoy the investor's rights and interests in accordance with the provisions of laws and administrative regulations.

Article 56 State-owned property is protected by law, and it is forbidden for any unit or individual to occupy, plunder, privately divide, intercept or destroy it.

Fifty-seventh institutions and their staff who perform the duties of management and supervision of state-owned property shall strengthen the management and supervision of state-owned property according to law, promote the preservation and appreciation of state-owned property, and prevent the loss of state-owned property; Those who abuse their powers or neglect their duties and cause losses to state-owned property shall bear legal responsibilities according to law.

In violation of state-owned property management laws and regulations, in the process of enterprise restructuring, merger and division, related party transactions, etc., low-cost transfer, collusion, unauthorized guarantee or other ways cause losses to state-owned property, they shall bear legal responsibilities according to law.

Article 58 Collectively owned immovable property and movable property include:

(1) Land and forests, mountains, grasslands, wasteland and beaches collectively owned by the law;

(2) Collectively owned buildings, production facilities and irrigation and water conservancy facilities;

(3) Collectively owned educational, scientific, cultural, health and sports facilities;

(four) other real estate and movable property owned by the collective.

Article 59 The immovable property and movable property collectively owned by peasants belong to the collective members.

The following matters shall be decided by collective members in accordance with legal procedures:

(a) the land contract scheme and land contract to units or individuals outside the collective;

(two) the adjustment of contracted land between individual land contractual management rights holders;

(three) the use and distribution of land compensation fees;

(4) Changes in the property rights of collectively-funded enterprises and other matters;

(5) Other matters prescribed by law.

Article 60 Collective ownership of land, forests, mountains, grasslands, wasteland and beaches shall be exercised in accordance with the following provisions:

(a) belongs to the village farmers' collective ownership, by the village collective economic organizations or villagers' committees on behalf of the collective exercise of ownership;

(two) belonging to more than two farmers in the village collectively, the collective economic organizations or villagers' groups in the village collectively exercise ownership;

(three) owned by the township farmers, the township collective economic organizations shall exercise the ownership on behalf of the collective.

Article 61 The real estate and movable property owned by urban collectives shall enjoy the right of possession, use, profit and disposal by collectives in accordance with the provisions of laws and administrative regulations.

Article 62 Collective economic organizations, villagers' committees and villagers' groups shall, in accordance with laws, administrative regulations, articles of association and village rules and regulations, announce the status of collective property to their members.

Article 63 Collectively owned property is protected by law, and it is forbidden for any unit or individual to occupy, plunder, privately divide or destroy it.

Where a decision made by a collective economic organization, a villagers' committee or its responsible person infringes upon the legitimate rights and interests of a collective member, the infringed collective member may request the people's court to revoke it.

Article 64 A private person shall have the ownership of his lawful income, house, articles for daily use, tools for production, raw materials and other immovable and movable property.

Article 65 Private lawful savings, investments and their income shall be protected by law.

The state protects the right of inheritance and other lawful rights and interests of individuals according to law.

Article 66 The lawful property of a private person is protected by law, and it is forbidden for any unit or individual to occupy, plunder or destroy it.

Article 67 The state, collectives and individuals may establish a limited liability company, a joint stock limited company or other enterprises with capital contribution according to law. If the state, collective and private-owned real estate or chattel are invested in an enterprise, the investor shall enjoy the rights of asset income, major decision-making, selection of managers, and fulfill the corresponding obligations according to the agreement or investment proportion.

Article 68 An enterprise as a legal person shall enjoy the right to possess, use, profit from and dispose of its real estate and movable property in accordance with laws, administrative regulations and articles of association.

Legal persons other than enterprise legal persons shall apply the provisions of relevant laws, administrative regulations and articles of association to their real estate and movable property rights.

Article 69 Real property and movable property owned by social organizations according to law shall be protected by law.

Chapter VI Owners' Differentiated Ownership of Buildings

Article 70 The owner shall have the ownership of the exclusive part of the building such as the business building, and the condominium of the * * * part other than the exclusive part.

Article 71 An owner shall have the right to possess, use, profit from and dispose of the exclusive part of his building. The owner's exercise of rights shall not endanger the safety of the building or damage the legitimate rights and interests of other owners.

Seventy-second owners of the building outside the exclusive part of the * * * part, enjoy rights and obligations; Never give up your rights or fulfill your obligations.

When the owner transfers the residential and business premises in the building, part of its * * * ownership and * * * management rights are transferred together.

Article 73 Roads within a building division belong to the owner, except those belonging to urban roads. The green space in the building division belongs to the owner, except the urban public green space or the express individual. Other public places, public facilities and property services within the building division are owned by the owner.

Article 74 Within the building division, the parking spaces and garages planned for parking cars should first meet the needs of the owners.

In the building division, the ownership of planned parking spaces and garages shall be agreed by the parties through sale, gift or lease.

Parking spaces that occupy roads or other venues owned by the owner for parking cars shall be owned by the owner.

Article 75 An owner may set up an owners' meeting and elect an owners' committee.

The relevant departments of the local people's government shall give guidance and help to the establishment of the owners' congress and the election of the owners' committee.

Article 76 The following matters shall be decided by the owner:

(a) to formulate and amend the rules of procedure of the owners' congress;

(two) to formulate and modify the management regulations of buildings and their ancillary facilities;

(three) to elect the owners' committee or replace the members of the owners' committee;

(four) the selection and dismissal of property services companies or other management personnel;

(five) to raise and use funds for the maintenance of buildings and their ancillary facilities;

(six) the renovation of buildings and their ancillary facilities;

(seven) other major matters related to the management of * * * and * * *.

Decisions on matters specified in items 5 and 6 of the preceding paragraph shall be subject to the consent of the owners whose exclusive parts account for more than two-thirds of the total building area and more than two-thirds of the total number of people. Decisions on other matters specified in the preceding paragraph shall be subject to the consent of the owners whose exclusive parts account for more than half of the total building area and more than half of the total number of people.

Seventy-seventh owners shall not violate the laws, regulations and management regulations, and change the residence into a business house. Owners who change their houses into business houses shall obtain the consent of interested owners in addition to observing laws, regulations and management regulations.

Article 78 The decisions of the owners' congress or the owners' committee are binding on the owners.

If the decision made by the owners' congress or the owners' committee infringes on the legitimate rights and interests of the owners, the infringed owners may request the people's court to revoke it.

Seventy-ninth buildings and ancillary facilities maintenance funds belong to the owner. With the consent of the owner, it can be used for the maintenance of elevators, water tanks and other parts. The collection and use of maintenance funds shall be announced.

Article 80 Where there is an agreement on matters such as cost sharing and income distribution of the house and its ancillary facilities, such agreement shall prevail; If there is no agreement or the agreement is unclear, it shall be determined according to the proportion of the owner's exclusive part to the total construction area.

Eighty-first owners can manage their own buildings and ancillary facilities, but also entrust property services companies or other managers to manage them.

The owner has the right to replace the realty service enterprise or other managers selected by the construction unit according to law.

Article 82 A realty service enterprise or other manager shall, according to the entrustment of the owners, manage the buildings and their ancillary facilities within the building division, and accept the supervision of the owners.

Article 83 Owners shall abide by laws, regulations and management regulations.

For acts that damage the legitimate rights and interests of others, such as dumping garbage at will, discharging pollutants or noise, raising animals illegally, building illegally, occupying passages, refusing to pay property fees, the owners' assembly and the owners' committee have the right to ask the actors to stop the infringement, eliminate the danger, remove the obstacles and compensate the losses in accordance with laws, regulations and management regulations. Owners who infringe upon their legitimate rights and interests may bring a lawsuit to the people's court according to law.

Chapter VII Adjacent Relations

Eighty-fourth adjacent owners of real estate should correctly handle the adjacent relationship in accordance with the principles of favorable production, convenient life, solidarity and mutual assistance, fairness and reasonableness.

Eighty-fifth laws and regulations on the handling of adjacent relations, in accordance with its provisions; Where there are no provisions in laws and regulations, local customs can be followed.

Article 86 The owner of a property shall provide necessary convenience for the neighboring owners to use water and drain water.

The utilization of natural running water should be reasonably distributed among the adjacent owners of real estate. The discharge of natural running water should respect the natural flow direction.

Eighty-seventh real estate owners should provide necessary convenience for neighboring rights holders to use their land for traffic and other reasons.

Article 88 Where the owner of a real estate needs to use adjacent land or buildings for building or repairing houses and laying wires, cables, water pipes, heating and gas pipelines, the owner of the land or building shall provide necessary convenience.

Article 89 The construction of buildings shall not violate the relevant national engineering construction standards, and shall not interfere with the ventilation, lighting and sunshine of adjacent buildings.

Article 90 Owners shall not abandon solid wastes or discharge harmful substances such as air pollutants, water pollutants, noise, light and electromagnetic wave radiation in violation of state regulations.

Article 91 A real estate owner may not dig a hole to borrow soil, build a building, lay pipelines or install equipment, which will endanger the safety of adjacent real estate.

Ninety-second property owners use adjacent properties for reasons such as water use, drainage, traffic, laying pipelines, etc. We should try our best to avoid causing damage to neighboring real estate owners; If damage is caused, compensation shall be made.

Chapter VIII * * * has been

Article 93 A realty or chattel may be owned by two or more units or individuals. * * * includes * * * and * * * with * * *.

Article 94 * * Some people enjoy the ownership of real estate or movable property owned by * * according to their shares.

Article 95 Some people of * * * and * * enjoy the same ownership of all real or movable property of * * *.

Article 96 The owner of * * shall manage all real estate or movable property owned by * * in accordance with the agreement; If there is no agreement or the agreement is unclear, everyone has the right and obligation to manage it.

Article 97. The disposal of real estate or chattel owned by * * * and the major repair of real estate or chattel owned by * * * shall be subject to the consent of the owner of * * * or all the owners of * * *, unless otherwise agreed by the owner of * * *.

Article 98 Where there is an agreement on the management fee and other burdens of the * * * property, such agreement shall prevail; If there is no agreement or the agreement is unclear, some people will bear it according to their own share, and * * * will share it with others.

Article 99 If * * * has agreed not to divide all the real estate or chattels of * * * in order to maintain the relationship between * * *, it shall be in accordance with the agreement, but * * * may request division if it has serious reasons to do so; If there is no agreement or the agreement is unclear, some people can ask for division at any time according to the number of shares, and some people with * * * and * * * can ask for division when the foundation of * * * is lost or there are major reasons for division. If the division causes damage to others, compensation shall be paid.

Article one hundred * * * someone can negotiate to determine the division method. If no agreement can be reached, and part of the real estate or chattel can be divided and its value will not be impaired by the division, the real object shall be divided; If it is difficult to divide or the division will damage the value, the price obtained by discount or auction or sale shall be divided.

* * * If the real estate or chattel acquired by one person is defective, others shall share the losses.

Article 101 An individual may transfer his share of immovable property or movable property by shares. Other * * * people have the preemptive right under the same conditions.

Article 102 Creditor's rights and debts arising from real estate or chattel owned by * * *, in foreign relations, some people of * * * enjoy joint and several creditor's rights and bear joint and several debts, unless it is otherwise stipulated by law or a third party knows that some people of * * * have no joint and several creditor's rights and debts; In the internal relations of * * *, unless otherwise agreed by * * *, some people enjoy the creditor's rights and bear the debts with their shares, while others enjoy the creditor's rights and bear the debts with * * * *. The owner who has paid off more than his share of debts has the right to recover from other owners.

Article 103 If * * has no agreement on the real estate or chattel owned by * * *, or * * and * * * are jointly owned or the agreement is unclear, it shall be deemed that * * * is jointly owned by several shares, except that * * * is related by relatives.

Article 104 If there is no agreement or unclear agreement on the share of real estate or movable property owned by * * *, it shall be determined according to the amount of capital contribution; If the amount of capital contribution cannot be determined, it shall be regarded as equal enjoyment.

Article 105 Where two or more units or individuals jointly own usufructuary right and security right, the provisions of this Chapter shall apply mutatis mutandis.

Chapter IX Special Provisions on Acquisition of Ownership

Article 106 Where a person who has no right to dispose of a realty or chattel transfers it to an assignee, the owner has the right to recover it; Unless otherwise provided by law, in any of the following circumstances, the transferee obtains the ownership of real estate or chattel:

The transferee is in good faith when accepting real estate or movable property;

(2) Transfer at a reasonable price;

(3) The transferred immovable property or movable property that should be registered according to law has been registered, and the transferred immovable property or movable property that does not need to be registered has been delivered to the transferee.

If the transferee obtains the ownership of real estate or chattel in accordance with the provisions of the preceding paragraph, the original owner has the right to claim compensation from the unauthorized person.

Where the parties have acquired other real rights in good faith, the provisions of the preceding two paragraphs shall apply mutatis mutandis.

Article 107 The owner or other obligee has the right to recover the lost property. If the lost property is occupied by others through transfer, the obligee has the right to claim damages from the person who has no right to dispose of it or request the transferee to return the original property within two years from the date when he knows or should know the transferee. However, if the transferee buys the lost property by auction or from a qualified operator, the obligee shall pay the fees paid by the transferee when requesting the return of the original property. After paying the fee to the transferee, the creditor has the right to recover from the unauthorized person.

Article 108 After a bona fide transferee acquires a chattel, the original right on the chattel is extinguished, except that the bona fide transferee knew or should have known the right when transferring it.

Article 109 Lost property found shall be returned to the obligee. The finder shall promptly notify the obligee to collect or deliver it to the public security and other relevant departments.

Article 110 If the relevant department receives the lost property and knows its owner, it shall promptly notify it to collect it; If you don't know, you should publish a recruitment announcement in time.

Article 111 Before the finder delivers the lost property to the relevant department, the relevant department shall take good care of it before finding it. If the lost property is damaged or lost due to intentional or gross negligence, it shall bear civil liability.

Article 112 When the obligee receives the lost property, he shall pay the finder or the relevant department the necessary expenses for keeping the lost property.

Where the obligee offers a reward for finding the lost property, he shall perform his obligations in accordance with the agreement when collecting the lost property.

If the finder encroaches on the lost property, he has no right to demand the cost of keeping the lost property, nor has he the right to demand the obligee to fulfill his obligations as promised.

Article 113 If a lost property is unclaimed within six months from the date of the announcement of its discovery, it shall be owned by the state.

Article 114 If drifters, buried objects or hidden objects are found, it shall be handled with reference to the relevant provisions on finding lost property. Where there are other provisions in the Law on the Protection of Cultural Relics, those provisions shall prevail.

Article 115 Where the subject and object are transferred, the slave object shall be transferred with the subject and object, unless otherwise agreed by the parties.

Article 116 Natural fruits shall be obtained by the owner. If there is both the owner and the usufructuary right holder, it shall be obtained by the usufructuary right holder. Unless otherwise agreed by the parties, such agreement shall prevail.

Legal fruits, if agreed by the parties, shall be obtained in accordance with the agreement; If there is no agreement or the agreement is unclear, it shall be obtained in accordance with the trading habits.