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How many years is the right to use underground parking spaces?
2, did not apply for real estate warrants, the service life is not more than 20 years.
Article 70 of the Property Law of People's Republic of China (PRC) * * * The owner shall have the ownership of the exclusive parts of buildings such as business premises, and the parts other than the exclusive parts shall enjoy the right of joint management with * * * *.
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.
Extended data:
Parking spaces in residential areas should legally belong to ancillary facilities used by residential owners. However, the ownership status of ancillary facilities can also be divided into two types:
One is the ancillary facilities that can only be shared by all owners, such as public green spaces and roads;
The other is that it can be owned by a specific person alone, but it provides services to all owners on the condition of regular charges, or the scope of a specific person must be the owner's affiliated facilities.
Residential parking spaces belong to the latter kind of ancillary facilities and can be owned by specific people alone.
Article 74 of the Property Law stipulates: "Parking spaces that occupy roads or other venues owned by the owner for parking cars shall be owned by the owner."
There are two main problems in the ownership of parking spaces in residential areas:
The first is the understanding of parking space objects. What is a parking space, especially an underground parking space? Is it the appendage of the building, the exclusive or partial ownership of the building, or the object of the underground space right?
Second, can I register? How to register? Whether it is individual ownership, exclusive part ownership of the building, or attachment of the house.
The root cause of the above disputes is the improper management of the property management company, which affects the owners' right to park their vehicles normally. The key to solve the problem is to determine the ownership of the underground parking garage, so as to clarify the relevant rights and obligations between the subjects.
Property right of underground parking space in residential area:
1, in terms of land properties. As long as the parking space is used alone, you can apply for property rights. The only use of land is commercial and residential, and property rights can be handled. However, public parking spaces cannot handle property rights.
2. From the nature of the transaction. When the underground parking space is sold, you can apply for the title certificate. Renting underground parking spaces does not profit from the sale, nor can it apply for real estate licenses.
Baidu Encyclopedia-People's Republic of China (PRC) Property Law
Baidu encyclopedia-property right
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