The residential property does not allow owners to drive into the residential area, and many ground parking spaces are painted on empty lots without buildings, and there is no one.

The Property Law stipulates that the planning of parking spaces and garages for parking cars should first meet the needs of owners within the building division. In the building division, the ownership of planned parking spaces and garages shall be agreed by the parties through sale, gift or lease. It can be seen that to judge whether the real estate company's behavior of selling the garage is legal, it is necessary to distinguish between two situations and treat them differently.

One case is to sell the planned garage. If the garage sold by the real estate company belongs to the garage planned for parking cars in the building division, and both parties clearly agree that the garage can be sold in the house sales contract, then it is legal for the real estate company to sell the garage. If there is no agreement or unclear agreement between the two parties on the sale of the garage, it can be handled in two ways: First, the garage has been included in the pool area of the owner's house purchase in the planning, and the owner has paid the corresponding pool when buying the house, so the garage as a * * * building should be owned by the owner, and the real estate company has no right to sell it. Two, the garage in the planning is not included in the pool area of the owner's purchase, and all the funds for the construction of the garage are paid by the real estate company. After completion, it will not be transferred to the owner in any form, so the ownership of the garage belongs to the real estate company, which has the right to sell it.

Another situation is the sale of parking spaces and garages for unplanned parking. Such parking spaces and garages should be used by the owners themselves, and real estate companies have no right to sell them to the outside world.

Legal basis:

Article 74 of People's Republic of China (PRC) Property Law

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