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The right to use the vacant land in front of the garage?
At the door of the garage, in fact, no one has the right to use it, but in order to alleviate the problem of parking in the community, we have to temporarily use the space here. Article 74 of the Property Law stipulates that: "Within the building zoning, the parking spaces and garages planned for parking cars shall first meet the needs of the owners.
1. In the building zoning, the ownership of the parking spaces and garages planned for parking cars shall be agreed by the parties through **, gift or lease. Parking spaces that occupy roads or other sites jointly owned by the owners for parking cars belong to the owners in common. "In the process of soliciting opinions on the drafting of the Property Law, on the issue of ownership of parking spaces and garages, one opinion holds that parking spaces and garages should be jointly owned by the owners.
Another opinion is that if there is an agreement between the owner and the developer on the ownership of parking spaces and garages, the agreement shall be followed; If there is no agreement or the agreement is not clear, it belongs to the common ownership of the owners.
After investigating and studying the actual practices and existing problems of China's real estate market, and drawing on the common practices of foreign countries, the legislative department believes that the property that belongs to the common ownership of the owners should be those that are indivisible and should not be the exclusive property of any owner, such as public facilities such as elevators, green spaces and other public places. Judging from the situation of the real estate market, generally speaking, the ownership of garages and parking spaces specially used for parking cars is agreed by the parties to be exclusive or exclusive to the owner through **, lease or gift. In this way, it is easy to operate and can avoid disputes.
2. If it is stipulated that the garage and parking space are jointly owned by the owners, it is difficult to operate under the ownership due to the different supporting proportions of the garage, parking spaces and residences, the different residential areas enjoyed by the owners, and the different sales conditions of commercial houses, etc., according to which, the second paragraph of Article 74 of the Property Law stipulates: "In the building zoning, the ownership of the parking spaces and garages planned for parking cars shall be agreed by the parties through **, gift or lease.
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If it is a garage in the community, then the front of the garage belongs to the owners of the community.
If it is a garage adjacent to a public road, then its doorway should belong to the city's municipal facilities
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The vacant land in front of the garage in the complex belongs to all the owners.
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It is a common area in the legal sense, if parked in front of the garage. Affecting the garage owner's vehicle in and out, the police are also fully responsible, and the crime of affecting public order will be punished.
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Generally not. 1. In terms of property rights, only the garage belongs to the owner of the garage; 2. Outside the garage, it is all public area. However, the owner of the garage is the owner of the immovable property, and the owner of the garage has the right to adjacency according to the law.
Neighbouring rights refer to the rights enjoyed by the owner or user of immovable property when dealing with adjacent relationships. Specifically, between the owners or users of immovable property adjacent to each other, either party has the right to request convenience from the other party or to accept certain restrictions in order to reasonably exercise its ownership or use rights. Neighbouring rights are essentially restrictions and extensions of ownership.
Specific to the garage door, there is no rule of a few meters or a few meters, but the vehicle in and out of the warehouse to form a necessary passage, you have the right to pass, others may not stop or block. Otherwise, you have the right to request that the obstruction be removed; Where others temporarily occupy it, it shall be promptly removed and restored to its original state. The "Property Rights of the Civil Code" quietly stipulates:
Occupying a parking space on a road or other site jointly owned by the owners for parking cars belongs to the common ownership of the owners. "This is because the law stipulates that the community Suizhi Road belongs to the owners in common, except for the urban public roads; Other public places in the community belong to the owners of the common ownership, and the parking spaces set on it are essentially a form of expression of the common parts of the community, and are a management measure to meet the needs of the owners of the community to park their cars. It is neither an exclusive part of differentiated ownership nor can it be repeatedly identified as a common part.
Therefore, it should not be the object of registration of property rights of the house, and registration is not required. Article 291 of the Civil Code of the People's Republic of China: Where the owner of immovable property rights has to use the land of the adjacent rights holders for passage, etc., it shall provide necessary facilitation.
Legal basisArticle 291 of the Civil Code of the People's Republic of China shall provide necessary facilitation to the owner of immovable property who has to use his land for the purpose of passage.
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Legal analysis: In terms of property rights, only the garage belongs to the owner of the garage; The area outside the garage is a public area, but the owner of the garage is the owner of the real estate and enjoys the right to adjagate it in accordance with the law.
Legal basis: Article 291 of the Civil Code of the People's Republic of China Where the owner of immovable property rights must use the land of the adjacent rights holders for the purpose of passage, etc., they shall provide necessary facilitation.
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Legal analysis: The land at the door of the garage is the public part of the community, and the public part of the community includes the ownership of the road and green space (of course, including the vacant land in front of the parking space), which belongs to all the owners of the entire community.
Legal basis: "Property Management Regulations" Article 22 The construction unit shall, before the sale of the property, formulate a temporary management statute, and make an agreement on the use of the property, the protection and management of the property, the common interests of the owners, the obligations that the owners should perform, and the responsibilities that should be borne in violation of the interim management statutes. The temporary management statute formulated by the construction unit shall not infringe upon the legitimate rights and interests of the property buyer.
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It stands to reason that the small open space in front of the garage belongs to the garage, otherwise how can other people's cars get in and out, if they don't have a car, they can be discussed, they are all neighbors, as far as the countryside is concerned, the road in front of your house is public, right, but who wants to park the car in front of your house, can you be willing? What I am most puzzled about is that my friend's Fly community can not park my car in front of the garage in front of the door If there are two cars at home, the car outside the garage will be charged What kind of bird regulations is this View the original post
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The first floor of our community is a garage, opposite the garage is a parking space, those who have a garage also occupy a parking space, I met such a thing and he did it, anyway, we are afraid of something, such a lack of quality still want to occupy the same place as in the hometown, it is better to roll your hometown to occupy, when a snake, living in the community is civilized, how can there be an occupation of land, can not swallow the anger, and did not stop in front of his garage, parked in the open space of the garage, can he still manage, he is clearly bullying people, you can find a property, if not, call the police.
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In front of the garage door is an architecturally specially designed passage for the garage is not an open space, and the garage is twice as expensive as the house because the garage bought his right to use, which everyone paid for, and you are not an open space.
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If this logic is true, brother, the corridor outside your door is not your house, if someone is full of things that day, and your door can only be opened for 30 centimeters, are you willing? The garage is on the real estate certificate like the house, and the vacant land in front of the garage has the right to drive you away.
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It's all black-hearted developers who leave too small a place, and the construction department has to consider the owner in the approval regulations, and if you buy a garage, you have to let the car in and out, and you can't afford to buy a garage and you can't die! Don't let you park?
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If it affects the garage owner's vehicle in and out, should the car be moved, if there is a garage that does not put the car as a warehouse, the parking space at the door of the garage does not allow others to park It is all their home? This kind of person is lacking in morality.
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Brother, hurry up and move the car, you blocked someone's garage, and you still have strong words.
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It must be the priority to meet the use of the garage owner, and it is definitely not right for others to occupy.
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Which vacant land in front of the community belongs to the public land fire escape, and no one should park.
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Is it okay if someone else parked?
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The vacant land in front of the garage does not belong to the owner of the garage, and this vacant land belongs to the public area of the entire community owner, and individuals cannot occupy it privately. If you want to obtain the right to use the vacant land in front of the door, you need to purchase an additional interest in the land.
According to Article 73 of the Property Law, 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.
Other public places, public facilities and property service rooms within the building zoning belong to the owners in common.
Is it okay to park your own car in front of your own garage in the community?
You can't park your own car in front of your own garage in the community. Although some owners have bought their houses, garages, and have title deeds, the vacant land at the door of the garage is not included in the scope of title deeds. There is no problem with how to park the car in the garage, but the vehicle parked at the door of the garage is likely to have a certain impact on the traffic of other owners.
According to Article 72 of the Property Law, 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.
If the vacant location at the door of the garage in the community is a passage, parking the vehicle will obviously affect the traffic of others or the trip, which will damage the legitimate rights and interests of other owners, so try to park the car in the garage, if there are more vehicles, it should also be parked in the temporary parking space, and can not be parked in the Gregorian regiment destruction area at will.
The daily management of the underground garage in the general community belongs to the property management, and the underground garage has different attributes because of the different contributions and properties. 1. If it is of the nature of civil air defense, whoever invests will benefit, but it cannot be used in violation of anti-laws and regulations, and the general parking space is only the right to use (no more than 20 years); 2. If it is not civil air defense and the construction money is amortized to the total cost of the community, then it is owned by all the owners; 3. If it is invested by the developer itself, the ownership belongs to the developer.
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