How to legally deal with the occupation of underground parking spaces

First, how to legally deal with the problem of underground parking spaces being occupied?

1, legal treatment method for occupied underground parking spaces:

(1) You can directly find the property to solve the problem. The property management fee charged by the property company means that it has the obligation to manage the parking space, and can require the property to strictly manage the parking space;

(2) Call the police to move the car directly. If the other party violates the parking regulations, he can tow the car back to the traffic management bureau and then notify the owner to deal with it;

(3) The owner can keep enough photos and video evidence, as well as witness material evidence issued by the property management company. After finding the owner, you can bring a civil lawsuit to the court according to law, demanding that the infringing owner bear the cost of moving the car and compensate other losses.

2. Legal basis: Article 275 of the Civil Code of People's Republic of China (PRC).

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 276

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

Second, what are the treatment methods for underground parking spaces in residential areas?

1. The developer independently obtains the ownership of the underground parking space. In this case, the construction area of the underground garage is not shared when it is sold, and the developer can sell the parking space. The developer transfers the ownership of the parking space to the owner. After obtaining the ownership of the parking space, the owner enjoys various rights such as possession, use, income and disposal. If the developer only uses the sales method to deal with underground parking spaces, if the owner does not buy underground parking spaces, the car cannot be parked in the underground garage;

2. In the case that the house is not completely sold, the developer and the community owner * * * jointly enjoy the ownership of the underground parking space. In this case, the developer shared the construction area of the underground garage when selling, and the developer was also one of the owners. At this time, the ownership of the underground parking space belongs to all the owners, and it should be decided by the developer and the community owner.

3. After the house is completely sold, the developer does not own the ownership of the underground parking space.