Regulation of Property Law on Residential Fence

The external walls of residential quarters are not exclusive parts, and individual residents do not have ownership of the external walls closely related to their exclusive parts. The external walls of residential quarters belong to all owners of the quarters. Owners of residential quarters have the right to reasonably use the external walls closely related to their exclusive parts. This right is a reasonable extension of the owner's exclusive right.

There are two criteria for fair use:

First, not for profit;

Second, in order to make better use of the proprietary part, increase the comfort and safety of the proprietary part, and not harm the interests of other owners in the community.

Owners should make rational use of the external walls closely related to them, and should also abide by the provisions of municipal management, and at the same time correctly handle the adjacent relationship, and must not infringe on the rights and interests of adjacent owners. Of course, for the single-family villa in the community, the outer wall belongs to the owner of the single-family villa.

What is the Property Law?

Simply put, it is the right of things. The things here mainly refer to real estate and movable property. Real estate refers to real estate, including land, forests, grasslands, mineral deposits, rivers and land attachments. The concept of real estate, if defined, is land and land attachments. The land here is a big concept. The land, forest and mineral deposits I mentioned earlier are all buried underground. These are all concepts of big land. Land attachments include, for example, residential buildings, schools, hospitals, factories, stadiums, parks, etc. This land appendage is about things that cannot be separated from the land and are built on it. Therefore, houses, buildings, graves, etc. All belong to land attachments. The concept of movable property is about machinery and equipment, means of transportation, daily necessities and so on. There are things other than real estate. To define movable property, we must first make clear what is real estate and what is real estate. Simply put, it is land and land attachments. To be clear, except for real estate, everything we can see belongs to movable property.

Therefore, from the adjustment scope of the property law, especially the concept of things, its content is very rich and can be said to be all-encompassing. The formulation of property law is highly political, policy and professional. Speaking of its political nature, I want to say that the property law is not only related to China's basic economic system, but also to the healthy operation of the socialist market economy. Why? Whether it is the basic economic system of the country or the development of the socialist market economy, it has a lot to do with the real estate and movable property I just mentioned. In particular, the production and operation of enterprises, the daily life of ordinary people, food, clothing, housing and transportation are all the objects of adjustment in our property law, which are inextricably linked with the property right in the property law and this thing in the property law.

Legal basis:

People's Republic of China (PRC) Civil Code

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.