Legal responsibility of occupying public green space in residential area

Occupy the community public green space, need to restore the original appearance, bear the fine. The green space of the community belongs to all the owners of the community and is managed by the property.

Legal analysis

Property management companies have the right to require owners who illegally occupy green space to rectify and restore their original appearance. For those who do not recover, the property company will report to the higher authorities for settlement, and the property company with serious circumstances will bring a lawsuit to the people's court in the region where it belongs and pursue its criminal responsibility. If the property right is damaged or may be damaged, the obligee may request that the obstruction or danger be removed. The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Dispute Cases stipulates that the people's court shall support the owners who violate the property service contract or laws, regulations and management regulations, and the property service enterprises request the owners to bear corresponding civil liabilities such as restitution, cessation of infringement and removal of obstruction. The realty service enterprise shall repair, conserve and manage the residential houses, supporting facilities and related sites, and maintain the environmental sanitation and related order within the realty management area. In the above case, the owner's outdoor garden has exceeded the exclusive part of his house, and the part outside the courtyard specified in the house plan should be jointly owned by the community owner, and the property service enterprise has the right to ask the owner to bear the civil liability of stopping occupying the public part.

legal ground

People's Republic of China (PRC) Civil Code

Article 272 The owner has 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.

Article 274 Roads within a building division belong to the owner, except those belonging to urban roads. The green space within the building division belongs to the owner, except for urban public green space or express personal green space. Other public places, public facilities and property services within the building division are owned by the owner.

Article 280 The decisions of the owners' congress or the owners' committee are legally 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.

Article 286 The owner shall abide by the laws, regulations and management regulations, and the relevant actions shall meet the requirements of saving resources and protecting the ecological environment. For property service enterprises or other managers to implement emergency measures and other management measures implemented by the government according to law, the owners shall cooperate with them according to law. The owners' assembly or the owners' committee has the right to require the actor to stop the infringement, remove the obstruction, eliminate the danger, restore to the original state and compensate for the losses in accordance with 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 illegally and refusing to pay property fees. If the owners or other actors refuse to perform relevant obligations, the parties concerned may report or complain to the relevant administrative departments, which shall deal with them according to law.