Who owns the ground parking spaces in the old community?

Although the urban construction is rapid, there are still a large number of old communities in the city. Nowadays, cars have become ordinary consumer goods in daily families. With more and more people buying private cars, many residents in old residential areas began to build carports on green belts and passages and install parking locks privately, which not only affected the residential environment, but also caused difficulties for other residents to park. Is there any legal provision for ground parking spaces in old residential areas and who owns them? This article will tell you about the law and solve the mystery.

Parking spaces in residential quarters are generally divided into two types: one is planned parking spaces and the other is unplanned parking spaces.

The so-called planned parking space refers to the special parking space clearly defined in the planning and design, and refers to the parking space approved by the planning department at the beginning of the construction and registered with the property right after the construction is completed. This kind of parking space is independent and separable. The construction unit can clearly stipulate the ownership of parking spaces and garages through written contracts such as sale, bonus or lease. Units or individuals with parking space property rights have the right to dispose of parking spaces at will according to law.

Legal link:

civil law

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 275 The ownership of planned parking spaces and garages within a building division shall be agreed upon 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 Parking spaces and garages planned for parking cars within a building division shall first meet the needs of the owners.

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 ask the perpetrator to stop the infringement, remove the obstruction, eliminate the danger, restore to the original state and compensate for the loss of any act that damages 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, 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.