Is it legal to lock the car in the property?

Legal analysis: If it is not for the purpose of consultation, it is illegal. Under normal circumstances, the property has no right to lock the car, which is actually an infringement of property rights.

From the legal point of view, no matter from the civil law, property law or relevant regulations, the property is a service department, not a law enforcement department, and the property and the owner signed a service agreement. Therefore, the property has no right to lock the car or take other compulsory measures, which violates the property rights of the owner. If losses are caused to the owner, corresponding economic compensation should also be made.

Property management and owners have an equal relationship in status and a contractual relationship of two-way market choice. Legally, the CMC has the freedom to entrust or not to entrust the property management company, and the property management company also has the freedom to accept or not to accept the entrustment. In the organizational relationship, there is no relationship between leader and led, management and managed, but a cooperative working relationship that does not interfere with each other's internal operations.

However, if the vehicle is parked on the fire escape or in someone else's special parking space, at this time, if the purpose of the property lock is to negotiate with the owner to solve things, then at this time, it cannot be simply said that the property lock is illegal.

You can defend your rights through litigation and other means, and ask the other party to restore the original state and remove obstacles.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 233 Where a property right is infringed, the obligee may settle it through conciliation, mediation, arbitration and litigation.

Article 235 Where the obligee who returns the original property has no right to possess the immovable property or chattel, he may request the return of the original property.

Article 236 Where the exclusion of the right of claim damages or may damage the property right, the creditor may request the exclusion of the obstruction or danger.

Article 237 Where a real estate or chattel is damaged due to the request for the return of property rights, the obligee may request repair, redone, replacement or return according to law.

Article 238 Where the claim for compensation for damage to property rights infringes on property rights and causes damage to the creditor, the creditor may claim compensation for the loss or bear other civil liabilities according to law.