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There are big trees around the house, which law is violated?
I. Who owns the trees in the community According to the provisions of China's forest law, the trees planted by urban residents and workers in the courtyard of their houses are owned by individuals; If a collective or individual contracts for afforestation in barren hills and wasteland owned by the state or collectives, the trees planted after contracting shall be owned by the contracting collective or individual. The owner's regulations on building ownership, the green space within the building division, belongs to the owner * * *, but belongs to the urban public * * green space or expressly belongs to individuals.
Then the open space behind the front building of the residential building belongs to all owners of the community, and the trees planted on it should belong to all owners of the community. If the claimant has signed relevant agreements with the owners' committee, neighborhood committee and property management company in the process of tree claim, under normal circumstances, the claimant who implements tree planting and management can get the benefits of trees appropriately based on the principle of consistent rights and obligations.
Second, who is in charge of the lawn trees in the community? The lawn trees in the community belong to property management. The lawn trees in the community belong to the ancillary facilities of public areas. Article 7 of the content of property services stipulates: green maintenance and management of public areas. In a narrow sense, property management refers to the activities that owners entrust property service enterprises to maintain and repair buildings and their equipment, municipal public facilities, greening, sanitation, transportation, living order and environmental appearance according to the entrustment contract.
Property management in a broad sense should include the process of joint management by owners and the management process entrusted by property service enterprises or other managers.
legal ground
People's Republic of China (PRC) Civil Code
Article 119 A legally established contract is legally binding on the parties.
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