Is the property in the village legal?

1. Are the residents of the village without property rights owners in the legal sense?

Throughout the Property Law, Regulations on Property Management and Regulations on Property Management in Shenzhen Special Economic Zone, an important legal concept-owner has been mentioned.

So, what is the owner?

(1) There is no explanation in the Property Law, but the first article of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Disputes over the Ownership of Buildings clarifies the concept of the owner in the Property Law, that is, a person who has registered according to law or obtained the exclusive ownership of a building in accordance with the provisions of Section 3 of Chapter 2 of the Property Law shall be recognized as the owner referred to in Chapter 6 of the Property Law. Based on the civil legal act of buying and selling commercial housing with the construction unit, a person who legally occupies the exclusive part of the building but fails to register the ownership according to law can be identified as the owner referred to in Chapter VI of the Property Law.

(2) Article 6 of the Property Management Regulations: The owner of the house is the owner. What is ownership? As the name implies, "mine". The dialogue that often appears in daily life is "'Whose is this thing?'" "My. "This means ownership. According to the provisions of Article 64 of the Property Law, private individuals enjoy the ownership of their legitimate income, houses, daily necessities, production tools, raw materials and other real estate and movable property. As a real estate, a house shall be registered according to law according to the provisions of Article 9 of the Property Law. At the same time, Article 17 of the Property Law makes it clear that the certificate of real estate ownership is the proof that the obligee enjoys the real estate right.

(3) Article 8 of the Regulations on Property Management in Shenzhen Special Economic Zone stipulates that the owner of the property is the owner.

Article 15 of the "Implementation of Several Provisions" stipulates that the following subjects shall enjoy the owner's rights and perform the owner's obligations in property management activities according to law:

(a) the right holder recorded in the certificate of real estate rights or the real estate register;

(2) a person who has not obtained ownership by registration, but has legally occupied the exclusive part of the building based on legal acts aimed at transferring ownership, such as buying and selling, giving gifts, and compensation for demolition;

(3) the person who has obtained the ownership of the exclusive part of the building by virtue of the effective legal documents of the people's court and the Arbitration Commission;

(4) Persons who have obtained the ownership of the exclusive part of the building through inheritance or bequest;

(five) the person who has obtained the ownership of the exclusive part of the building due to legal construction;

(six) other personnel who meet the requirements of laws and regulations. The subject who meets the provisions of the preceding paragraph shall provide legal and valid certificates.

This provision is based on the third section of Chapter II of the Property Law.

Based on the above legal provisions, the concept of owner should be interpreted as: the person who has obtained the ownership of the house and registered the real estate according to law, and his name is recorded in the certificate of real estate ownership. After understanding the concept of the owner, let's look at the villagers who have no property rights. Perhaps residents can provide a house purchase contract or agreement, but they cannot provide proof of real estate ownership. Therefore, the residents of the village who have no property rights cannot be recognized as owners in the legal sense.

At this point, some residents still have doubts. Although the village in the city has no property rights, can the person who has obtained the exclusive ownership of the building due to legal construction be recognized as the owner? This issue can already be demonstrated as a separate topic, so I won't discuss it here, but the main purpose of residents is whether they can apply the Property Management Regulations and the Shenzhen Special Economic Zone Property Management Regulations to set up owners' meetings and elect owners' committees, which involves the second point to be demonstrated.

Two, no property village can legally confirm the property management area and construction area?

The application of the Property Management Regulations not only needs to determine the number of owners, but also needs to determine the property management area and construction area. According to the provisions of Articles 9 and 12 of the Regulations on Property Management and Article 9 of the Regulations on Property Management of Shenzhen Special Economic Zone, a property management area shall establish an owners' meeting. The owners' meeting shall be attended by owners whose exclusive parts account for more than half of the total construction area and more than half of the total owners in the property management area.

Then, how to determine the property management area and construction area?

The second paragraph of Article 9 of the Property Management Regulations stipulates that the division of property management areas should consider factors such as facilities and equipment, building scale and community construction. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.

According to Article 65 of the Regulations on Property Management in Shenzhen Special Economic Zone, the division of property management areas should consider factors such as facilities and equipment, building scale and community construction, and follow the principle of relative concentration and easy management. The property management area is determined by the scope of the property construction parcel red line map, but if it has naturally formed an independent property management area and is uncontroversial, it will not be re-divided. That is, the standard of dividing the property management area is the scope of the red line map of the property construction parcel.

In addition, Article 25 of the "Implementation of Several Provisions" stipulates that in the property management area that meets the conditions for the establishment of the owners' meeting as stipulated in Article 19 of the Regulations, the construction unit or the property service enterprise shall provide the following materials when informing the street office where the property is located in writing:

(a) the property management office for the record receipt;

(two) the list of owners, contact information and other information;

(3) General plan of building planning. This regulation also reflects the documents, materials and contents that need to be determined when the owners' meeting is established.

Based on the above laws and regulations, it is difficult for property-free villages to provide relevant legal documents, such as the receipt for the filing of property management areas, the general plan of building planning, the red line map of property construction parcels, and it is impossible for property-free villages to confirm their property management areas and construction areas according to law.