What is the owner s right to park on common land?

First of all, this is not public land, it is the territory of the enterprise, but a piece of land is set aside in the enterprise land to build staff housing, the land still belongs to the enterprise, and the residents need parking spaces, and they should negotiate with the business owner.

This parking right should be handled by your owners' committee, and it can be rented to someone else, or it can be sold to someone else, and it should be okay.

1. If the land in the community belongs to all the owners, the enterprise has no right to prevent employees from parking;

2. The owner can inquire about the nature and ownership of the land in the community, and can inquire at the Natural Resources and Planning Bureau;

3. The owner can also complain to the real estate registration center or the property management department of the urban management bureau about the parking problem.

There are a couple of questions here:

1. Whether the flower bed can be used as a parking lot, if the community is designed with a parking lot during the construction, then it is reasonable, if there is no at that time, it is problematic to build a parking lot on the greening or other public places, at least after the approval of the owners' meeting, and report to the relevant units for review.

2. If the parking space is legal, then it is reasonable to charge a fee, as for whether it is a monthly depends on the standard of the local price department.

3. The property law does not clearly state the issue of parking fees, but only says that the property company provides services and the owner should pay the fee.

4. It is common sense that the property company must give an invoice for the service fee, regardless of whether the owner asks for it or not, it should be given to the owner, otherwise you can report it to the tax department.

Legal analysis: The occupation of public buried parking spaces is managed by the traffic police and urban management departments. Parking spaces located in municipal roads, belonging to social public resources, shall be planned and processed by the relevant departments of the first bend base in accordance with the law, and no individual or unit shall occupy or occupy public parking spaces without permission, and occupying public parking spaces is a traffic violation.

If it is found that a public parking space is occupied, you can complain to the traffic police and the urban management department.

Legal basis: "Parking Lot Construction and Management Responsibilities Division of Labor" Article 41 In violation of the provisions of Article 18 of these Regulations, parking spaces are set up on both sides of the road and other public areas without authorization, or the use of ground locks, stone fences, fences, restricted piles and other obstacles to occupy public parking spaces, shall be ordered to clear within a time limit and shall be fined 500 yuan per berth.

Road Traffic Safety Law of the People's Republic of China Article 33 Newly built, reconstructed, and expanded public buildings, commercial blocks, residential areas, and large (medium) buildings shall be equipped with or additional parking lots; If the parking space is insufficient, it shall be rebuilt or expanded in a timely manner; The parking lot that has been put into use shall not be stopped or used for other purposes without authorization. Within the scope of urban roads, without affecting the passage of pedestrians and vehicles, the relevant departments can implement parking spaces.

Legal analysis: the public parking spaces in the community, the owner can park, there are not only public parking spaces in the community, but also some parking spaces that need to be purchased, public parking spaces are allowed for public use, and the purchased parking spaces are only private for the purchaser.

Legal basis: "Road Traffic Safety Law of the People's Republic of China" Article 37 If a road is divided into a special lane, only the specified vehicles are allowed to pass in the special lane, and other vehicles are not allowed to enter the special lane.

Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China》 Article 67 In the courtyard of the unit and in the residential area, the motor vehicle shall drive at a low speed and avoid pedestrians; If the speed limit sign is marked, follow the speed limit sign.

1. Can the owners of public parking spaces in the community park?

1) The ownership of the exclusive part, the right to occupy, use, benefit and dispose of the residential and business houses of the exclusive part of the building;

2) Co-ownership, the co-ownership of the owner includes the co-ownership of the common parts of all buildings, the co-ownership of public places, sites and facilities for supporting construction in the building zoning, and the legal easement of the parking spaces and garages for supporting construction in the building zoning;

3) The right of co-management, the right of co-management is the right to maintain the physical properties of the common parts and common objects and ensure the operation of supporting facilities.

2. Legal basis: Article 275 of the Civil Code of the People's Republic of China.

In the building zoning, the ownership of the parking spaces and garages planned for parking cars shall be agreed upon by the parties through **, gifts or leases.

Parking spaces that occupy roads or other sites jointly owned by the owners for parking cars belong to the owners in common.

Article 276.

Within the building zoning, the parking spaces and garages planned for parking cars shall first meet the needs of the owners.

Second, what should I do if the parking space is randomly divided in the community.

1. The parking spaces in the community are managed by the property management department, and the property department can be notified as soon as possible to let the relevant personnel come to deal with it;

2. You can find the neighborhood committee in the community to complain about this matter, and let the management of the neighborhood committee come forward to solve it;

3. You can complain to the community owners' committee;

4. You can directly call the traffic management department's **;

5. If it is caused by inadequate property management, you can complain to the consumer association about the property department.

Legal analysis: It is not illegal to occupy human flesh in public parking lots. Although there are no corresponding laws and regulations to punish individuals for forcibly occupying parking spaces, it is by no means reasonable to seize and waste public parking resources.

When encountering the phenomenon of human flesh occupying parking spaces, there is still no perfect way for car owners to deal with it.

Legal basis: Article 23 of the Law of the People's Republic of China on Public Security Administration Penalties Article 23 Anyone who commits any of the following acts shall be given a warning or a fine of not more than 200 yuan; where the circumstances are more serious, they are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB: (1) Disrupting the order of organs, groups, enterprises, or public institutions, causing work, production, business, medical treatment, teaching, or scientific research to be unable to proceed normally, and serious losses have not yet been caused; (2) Disrupting the order of stations, ports, docks, airports, shopping malls, parks, exhibition halls, or other public places; (3) Disrupting order on buses, trams, trains, ships, aircraft, or other means of public transportation; (4) Illegally intercepting or forcibly boarding or pickpocketing motor vehicles, ships, aircraft, or other means of transport, affecting the normal operation of the means of transport; (5) Disrupting the order of elections conducted in accordance with law.

Where a crowd is assembled to bury empty liquid to carry out the acts described in the preceding paragraph, the ringleaders are to be detained for between 10 and 15 days, and a concurrent fine of up to 1,000 RMB may be given.

Belonging to the owners means that it is a place that belongs to everyone, and anyone can use it. This is a sentence stipulated in the Property Law, which is a parking space that occupies a road or other site jointly owned by the owners for parking cars, and belongs to the owners in common.

Co-ownership means that two or more rights subjects share ownership of the same thing. A citizen or legal person who has ownership of the same thing is a co-owner of property, and the thing is a common property or common property. The relationship of rights and obligations formed by the co-owners is a co-ownership relationship.

This parking space is shared by everyone, and it is on a first-come, first-served basis.

2. Xun Yuanshou occupies a private parking space and violates its legitimate rights and interests, and the infringed party can negotiate a settlement, and if the number of acres is not successful, it can be resolved by litigation in the People's Court of Law, and apply for compulsory enforcement after the judgment takes effect.

In short, if the private parking space is occupied, the owner can call the towing company to tow the car away or find the property to help take over, and the property has the responsibility to be responsible for the management and standardization of the parking space in the community. The property management company failed to discover and stop others from encroaching on the owner's parking space in a timely manner, and there was obvious negligence in the work, and it should bear relevant responsibilities. The owner can ask the property management company to organize forces to tow away the vehicle, and then try to find the owner of the vehicle to hold him responsible.

Analysis of the law: It is correct to occupy the parking spaces on the roads or other sites shared by the owners for parking cars.

Legal basis: Civil Code of the People's Republic of China

Article 275:Within building zoning, the ownership of parking spaces and garages planned for parking cars is to be agreed upon by the parties through methods such as **, gifts, or leases.

Vehicles that occupy roads or other sites jointly owned by the owners for parking cars give way to the owners, and belong to the owners in common.

Article 344:Holders of the right to use land for construction purposes enjoy the right to occupy, use, and benefit from state-owned land in accordance with law, and have the right to use the land to construct buildings, structures, and ancillary facilities.

Article 345:The right to use land for construction purposes may be established on the surface, above ground, or underground.