If you want to buy a house with a garden on the first floor, how can you confirm that you have the r

First of all, it is necessary to see whether this garden is a gift from the developer, the area of the gift is not included in the real estate certificate, according to the property law, all the land and community ancillary facilities that are not in the owner's own real estate certificate are the public property belonging to all the owners, and the property is managed by the authorization of the owners' committee.

From the specific situation of the real estate certificate, look at the purchase contract. Generally, there is no right to the property certificate, only the area of the garden of the previous house is reflected in the property certificate, and the current garden generally only has the right to use, and there is no area of the property certificate.

This is to buy a house to pay a good eye on the contract, don't just listen to the words of the developer who sells the house, everything must be written in the contract.

Before buying a house, you must first ask for hello and determine whether it meets your own use needs, where there are relevant documents that can be seen.

First of all, you should consult the property, and you should also consult the homeowner, and after taking out the relevant proof of the right of use to confirm, you will know whether there is a right to use the garden.

She wants to buy a house with a garden on the first floor, how to make sure that you have the right to use the garden before buying a house? I think you want to buy a house with a garden on the first floor, but you have to buy a house, and make sure that the right to use the garden is not yours? But you have to transfer it to your name, so that you can use the right to use it, but it's not good, so I think you should first ask when you buy a house, what is the whole garden to use, how to use it?

I understand buying.

As long as there is a title deed, it is legal.

Benefits of a house with garden on the ground floor:

1. The first floor of the high-rise, the bottom is the underground garage, and there is no problem at all in terms of drying.

2. There is a courtyard of more than 30 square meters on the first floor, facing west, and there is no problem with lighting and ventilation. The summer is cool, and there is a large meadow outside the yard, and the terrain is relatively high. As far as growing vegetables is concerned, because it is grounded and can receive rainwater, it basically does not have much time to water itself.

3. There are beautiful flowers and plants under the window, and the important point is that the fire conditions are excellent.

Property rights that are expressly owned by individuals.

According to Article 73 of the Property Law of the People's Republic of China, roads within building zoning belong to the owners in common, except for urban public roads. The green space in the building zoning belongs to the owners in common, except for the urban public green space or the individual that is expressly indicated.

According to Article 70 of the Property Law of the People's Republic of China, the owner shall have the ownership of the exclusive parts of the building, such as residential and commercial buildings, and shall have the right of co-ownership and joint management of the common parts other than the exclusive parts.

According to Article 71 of the Property Law of the People's Republic of China, the owner has the right to occupy, use, benefit and dispose of the exclusive part of his building. The exercise of the rights of the owner shall not endanger the safety of the building and shall not harm the legitimate rights and interests of other owners.

According to Article 72 of the Property Law of the People's Republic of China, the owner has rights and obligations to the common parts other than the exclusive part of the building; No waiver of rights may be used for non-performance of obligations. When the owner transfers the residential or business premises in the building, the rights of co-ownership and co-management of the common part are transferred together.

1. If the garden can get a real estate certificate, it is legal.

2. Except for law enforcement and judicial authorities, no one has the right to demolish your garden.

3. Don't be polite to those non-first-floor owners, say it ugly, they don't count anything, they dare to take your things privately, you give them some color to see (of course, don't do anything seriously illegal).

[Only answer Shaanxi Province**, parties from other provinces, please respect yourself, do not call to harass, thank you].

The garden brought by the residents on the first floor must comply with the architectural drawings attached to the "Building Work Permit" commonly known as the "Construction Permit" issued by the planning department in order to be legally valid. This figure developer has. Otherwise, no matter who (including the developer) is, changing the garden land without authorization is an encroachment on public greenery, and there is no "right to use" that can be privately assigned to you.

The "Garden Accord" and the like that were signed were all self-deception.

The garden house is not legal, because the developer only has the right to build the voucher, and does not let you build a crab for you, and the right to use the temporary construction house, so you have no property right to defend the house, so it is not a real legal property right.

If this is on the property title deed, it is legal.

What about the yard that you spend money on? If you don't understand, don't talk nonsense.

: If the right of use of a certain owner is expressly stated in the purchase contract, it shall be agreed in the contract. If it is not expressly stated, it is jointly owned by the owners of the community, and no one has the right to unilaterally change it.

The real estate department only registers the ownership of the house, not the property rights of the garden and terrace. According to Article 73 of the Property Law, the green space within the building zoning belongs to the owners in common, except for the urban public green space or the express ownership of individuals. Although the Property Law stipulates that "except for those that are expressly attributable to individuals", it does not clearly stipulate who will "expressly" and "expressly" in **.

Therefore, some developers have "expressed" themselves, in the purchase contract, and even in the sale advertisement. Since the issue of land ownership is not within the purview of the real estate department, the real estate department does not know whether the developer has the right to give away the right to use the terrace and garden.

Gifted gardens generally have no property rights.

Only appendages registered on the title deed have property rights, and donated gardens are generally not registered on the title deed, so there is no property right.

Gifting a garden is a means for developers to attract consumers in order to **. If possible, a supplementary agreement can be signed with the developer for the right to use the garden.

There is no property right to the garden on the first floor, but you can sign a right of use with the developer.

My home is too, when the house said that the greening department will plan, so 60 square meters, I opened 2 square meters of vegetables, upstairs owners complained to the property, the property directly I stepped on the flat....

What should our ground floor owners do? I bought it for the sake of having a garden, but now I can't use it....

They are all fetal gods, why didn't they read the contract when they bought it themselves. Now it's time to tear down the garden, and take care of their hammers. A group of Diao people who didn't even read the contract were coaxing around.

Misunderstand! 1. The basic common sense is that the land used for commercial housing is transferred from the land use right. The garden of the first-floor tenant is indeed for its sole use, but the nature of the land is the same for the same land.

The contract says "owned by the owner" can only be understood as the right to use. In terms of laws and regulations, there is no reference to "property rights" to land, only "ownership" and "right to use". Pay attention to the formulation.

2. If the contract is beyond the legal constraints, it is invalid. Some developers are naïve, and promise to "send" the common parts that cannot be sent in the contract, which is an invalid clause, and it is written in vain, and cannot be taken seriously.

Since it is stated in the purchase contract, it belongs to the owner.