What should developers do if there is a dispute in a community without property rights? The second-hand house has been bought for more than ten years, and the garden has been rebuilt. The neighbor sai

What should developers do if there is a dispute in a community without property rights? The second-hand house has been bought for more than ten years, and the garden has been rebuilt. The neighbor said to the property management. Giving the garden has preconditions and legal consequences.

According to Article 16 of the Land Management Law of the People's Republic of China, "urban planning should be coordinated with the overall land use planning. In the urban planning area, land use should conform to the urban planning ".Article 24 of the People's Republic of China (PRC) Urban Real Estate Management Law stipulates that" real estate development must strictly implement urban planning, with overall planning, rational layout, comprehensive development and supporting construction in accordance with the principle of integrating economic benefits, social benefits and environmental benefits ". On the premise that the development and construction fully meet the planning requirements, the developer will build the garden and hand it over to the buyers.

Developers in the construction of residential areas, to support the construction of a certain area by all owners * * * have the right to use the public * * * green space, can not be transformed into a garden and given away. The developer gave several square meters of garden to the owner on the first floor, and actually gave several square meters of land use rights. The land use right around buildings, including gardens, belongs to all owners, and any owner has the right to enter the garden for leisure and rest. The developer's unauthorized gift behavior obviously infringes on the legitimate rights and interests of other owners and violates the mandatory provisions of the law. According to the provisions of Article 52 of the Contract Law, it is an invalid act, and the developer shall bear the corresponding liability for breach of contract and tort.

Get legal warning that the garden is risky. Look carefully.

For the owners who have bought the first floor house, the exclusive behavior of the garden constitutes an infringement on the rights of other owners because the gift from the developer is invalid. Other owners can exercise the right of claim on the property, requiring the owners on the first floor to stop the infringement, remove the obstruction, restore to the original state, and even compensate for the losses. Moreover, even if other owners have no opinions, the right of the first floor owners to the garden cannot be protected by law because they cannot apply for the land use certificate of the garden. Because in the stage of property right registration, only the property that is included in the building volume ratio can be registered as the owner's property right, and the property that is not included in the building volume ratio cannot be registered separately.

However, in real estate projects, garden green space is usually not included in the building plot ratio, and its real estate rights depend entirely on the buildings that calculate the building plot ratio, and cannot be separated or divided from the buildings that calculate the building plot ratio. Garden green space is the common property of all owners, and it is impossible for the real estate management department to handle the garden property certificate for the owners on the first floor alone. In this way, the owner who buys a house on the first floor because he likes the garden will definitely lose his rights and interests. In the process of applying for the certificate of garden land use right, many owners suddenly realized that the promise made by the developer when signing the contract could not be fulfilled at all, and their rights and interests were greatly damaged.

The land use right of the first floor adjacent to the garden belongs to all the owners of the building. When building a garden, the developer must ensure that it is carried out in strict accordance with the plan, and the green area of the supporting construction of the community reaches the legal standard. The behavior of the developer giving away the garden without authorization should generally be considered invalid and should bear the corresponding liability for breach of contract and tort. The owner on the first floor can use the garden alone with the authorization of all the owners. In view of the current practice of giving away a large number of gardens, the best way for developers to solve this problem is to provide the gardens to the owners on the first floor with the consent of all owners. As far as specific methods are concerned, developers can add supplementary clauses about gardens in commercial housing sales contracts or owners' temporary conventions, clearly stipulate that other owners agree that the first-floor owners can use the gardens adjacent to their properties, and stipulate restrictive conditions for the first-floor owners to use the gardens.