The parking space only has the right to use for 70 years, can you buy it without a property right ce

Parking spaces that only have a 70-year right of use without a title certificate cannot be bought, because if the developer does not sell the title certificate to the owner, then the contract owned by the owner is not legally valid. Parking spaces without property ownership certificates are not allowed to be bought and sold, so it is recommended to rent them. There are two kinds of service life of parking spaces, one is that the property right certificate of the parking space can be handled, and the service life of the parking space is consistent with the life of the land use right where it is located.

The other is that the property right certificate can not be handled, and the lease right is only purchased after the purchase, because the purchase and sale of parking spaces without property rights are a kind of mutual leasing behavior, and the service life of this situation is generally not more than 20 years, and after 20 years, it will no longer be protected by law. Generally, civil air defense parking spaces do not have property rights certificates, and civil air defense parking spaces refer to underground parking spaces rebuilt by civil air defense projects. Its developer owns the right to use the parking space, but does not have the right to buy or sell.

Parking spaces included in the shared area. Generally, it belongs to all the owners of the community, so this situation is essentially an act of land lease. Such parking spaces in the vacant land of the community can be entrusted by the property committee to the property for rent to the owners, and the income is owned by all the owners.

*The parking space only has the right to use for 70 years, and you can't buy it without a property right certificate**. Parking spaces without title certificates cannot be bought and sold, but can only be transferred. To buy a parking space, you need to have a property right certificate, so that the transaction will be formal, and there will be no disputes in the future.

Legal analysisAccording to national regulations, the lease term shall not exceed 20 years, and if the excess part is invalid, the lease term expires, and the parties may renew the lease contract, but the agreed lease term shall not exceed 20 years from the date of renewal. Ownership parking space refers to the construction area of the parking space has not been apportioned, and the developer has obtained the property right of the garage alone.

In this way, the developer can ** this parking space, and buy a parking space can also apply for a property right certificate. In general, the tenure of a parking space is between 40 and 70 years.

Legal basisCivil Code of the People's Republic of China

Article 119:Contracts established in accordance with law are legally binding on the parties.

Article 120:Where civil rights and interests are infringed upon, the infringed party has the right to request that the infringer bear tort liability.

Article 121: Where there is no statutory or contractual obligation, a person who conducts management in order to avoid losses to the interests of others has the right to request that the beneficiary reimburse the necessary expenses incurred as a result.

Whether the right to use a parking space for 70 years is legal depends on the purpose of use. According to the laws of China, the maximum term of land use right transfer shall be determined according to the following purposes:

1. 70 years of residential land;

2. 50 years of industrial land;

3. 50 years of land for education, science and technology, culture, health and sports;

4. 40 years of commercial, tourism and entertainment land;

5. 50 years for comprehensive or other land use.

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What happens to buy a parking space with only 70 years of use rights and no property rights, parking spaces only have the right to use without property rights, which means that the property rights of parking spaces with property rights are generally 70 years, and parking spaces without property rights only have the right to use for 20 years. Without property rights, the sale is not protected and has no legal benefits. If there is no parking space ownership certificate, then, this parking space is not allowed**.

Buying a parking space only has the right to use it for 70 years, and there is no property right.

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What is going on with buying a parking space with only 70 years of use rights and no property rights, parking spaces only have the right to use without property rights means that the property rights of parking spaces with property rights are generally 70 years, and parking spaces without property rights only have the right to use for 20 years. Without property rights, the sale is not protected and has no legal benefits. If there is no parking space ownership certificate, then, this parking space is not allowed**.

Pro, there are two situations in which the service life of the underground parking space is disturbed: 1. The real estate certificate can be used, so that the service life of the blind is consistent with the land use right of the parking space. 2. If you can't apply for a real estate warrant, you are actually only buying a lease right, and the service life is not more than 20 years.

The purchase and sale of parking spaces without property rights is actually a kind of leasing behavior. The law on the ownership of garage property rights, specifically according to the quality of the garage division. Article 275 of the Civil Code of the People's Republic of China [Ownership of Parking Spaces and Garages] Within the building zoning, the ownership of the parking spaces and garages planned for parking cars shall be agreed upon by the parties through means such as **, 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.

Legal Analysis: Legal. The term of the lease shall not exceed twenty years.

If it is more than 20 years old, the excess part is invalid. So if we sign a 70-year lease contract with someone else, then the law will not recognize it. If you purchase the parking space, then you do have the right to use and property rights of the parking space for 70 years.

The service life of the parking space is consistent with the life of the land use right, and this kind of buying and selling is not illegal.

Legal basis: Article 705 of the Civil Code of the People's Republic of China The term of the lease shall not exceed 20 years. If it is more than 20 years old, the excess part is invalid.

At the expiration of the lease term, the parties may renew the lease contract, and the agreed lease term shall not exceed twenty years from the date of renewal.

1. Is the right to use a parking space legal for 70 years?

1. The right to use the parking space is legal for 70 years. According to the provisions of the state, the lease term shall not exceed 20 years, and if it exceeds 20 years, the excess part shall be invalid, and the parties may renew the lease contract upon the expiration of the lease term, but the agreed lease term shall not exceed 20 years from the date of renewal.

2. Legal basis: Article 119 of the Civil Code of the People's Republic of China.

A contract established in accordance with the law is legally binding on the parties.

Article 118.

Civil entities enjoy creditor's rights in accordance with law.

2. What procedures are required to buy a parking space?

1. In the process of purchasing parking spaces, the owner needs to provide relevant materials and payments;

2. The owner who has leased the parking space in the basement of the community has the right of first refusal to purchase the parking space;

3. The owner of the purchased parking space needs to pay the parking space maintenance**, deed tax and other related expenses;

4. The underground garage parking space can be bought and sold after purchase, but it is only sold to the owners of the same community;

5. Parking spaces are sold as units, not by area. The area can be consulted by the management office;

6. All property owners of the purchase contract must be present in person to sign the "Parking Space Sales Contract";

7. If you pay for the parking space by check, you can only go through the registration procedures after the check arrives.

Is it a car parking space in the real estate, and it is the same as it.

The so-called house property rights are roughly divided into:

1) Residential land, the property right period is 70 years;

2) Comprehensive land, the property right period is 50 years;

3) For commercial land, the property tenure is 40 years.

The property rights of the specific community can only be determined by the nature of the land on the "State-owned Land Use Certificate", and the property rights period is calculated from the day when the development enterprise obtains the "State-owned Land Use Certificate", not from the date of purchase.

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Buying a parking space only has 70 years of use rights and no property rights are normal, this parking space is not only the right to use without ownership, that is, there is no property right is normal, and there is generally no property right certificate for civil air defense parking spaces. The so-called civil air defense parking space refers to the underground parking space converted into a civil air defense project. In accordance with the provisions of the Ministry of Construction's "Rules for the Calculation of the Sales Area of Commercial Housing and the Apportionment of the Common Construction Area", the basement of the civil air defense project is not included in the common construction area, and the common construction area is not apportioned.

Due to the importance of civil air defense projects, general property rights cannot be registered as owned by developers. The developer has the right to use, but not the right to buy and sell.

Buying a parking space only has the right to use it for 70 years, and there is no property right.

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It is normal to buy a parking space with only 70 years of use and no property rights, and this parking space is not only the right to use without ownership, that is, it is normal to have no property rights. The so-called civil air defense parking space refers to the underground parking space of Songshi's rebuilt by the civil air defense project. In accordance with the provisions of the Ministry of Construction's "Rules for the Calculation of the Sales Area of Commercial Housing and the Apportionment of the Common Construction Area", the basement of the civil air defense project is not included in the common construction area, and the common construction area is not apportioned.

Based on the importance of civil air defense projects, the general property rights can not be registered as owned by the developer. The developer has the right to use, but not the right to buy and sell.

Legal basis: parking spaces in the open space of the community. The Civil Code stipulates that the occupation of the property jointly owned by the owners as a parking space for parking cars belongs to the common ownership of the owners.

The common property of the owners includes roads, green spaces and other public places and public facilities in the construction area. This type of parking space can be leased to the owners by the property entrusted by the Owners' Committee, and the proceeds go to all the owners. Note:

According to the relevant provisions of China's Civil Code, the lease term shall not exceed 20 years, and if it exceeds 20 years, the excess part of the buried belt is invalid. Therefore, the long validity period of the parking space lease is also 20 years, and the "purchase" of this kind of parking space should be asked for the rental period when signing the contract, and if the lease term in the "Parking Space Lease Agreement" exceeds 20 years, it is a fraud.