How to understand the property rights of the garage
In recent years, with the acceleration of urbanization and the increase in private car ownership, the issue of garage property rights has gradually become a hot topic. Many homebuyers are confused about the nature of ownership of a garage when purchasing a property. This article will analyze in detail the concept, legal basis and frequently asked questions of garage property rights to help readers better understand this topic.
1. Definition of garage property rights
The large ownership of the garage means that the garage, like the house, has an independent title certificate and can be bought, sold, mortgaged or inherited separately. This type of garage is often called a "property garage". Its property rights are similar to residential property rights and are the private property of the owner.
2. Legal basis for garage property rights
According to the "Property Law of the People's Republic of China" and the "Urban Real Estate Management Law", the garage is an accessory facility of the building, and its property rights can be determined in the following ways:
| Legal terms | content |
|---|---|
| Article 74 of the Property Law | Within the building zoning, the ownership of parking spaces and garages planned for parking cars shall be agreed upon by the parties through sale, donation, or leasing. |
| Article 37 of the Urban Real Estate Management Law | When real estate is transferred, the ownership of the house and the land use rights within the area occupied by the house are transferred at the same time. |
3. The difference between large property rights and small property rights in garages
Garage property rights are divided into two types: large property rights and small property rights. The main differences between the two are as follows:
| Comparative item | Large property garage | Small property garage |
|---|---|---|
| Certificate of Title | Have independent property rights certificate | No independent property rights certificate |
| Buying and selling authority | Can be bought and sold separately | Cannot be bought and sold individually |
| legal protection | protected by law | Rights and interests are restricted |
4. Things to note when purchasing a garage property
1.Verify title certificate: Before purchasing, be sure to check the independent title certificate of the garage to confirm that it is a large property.
2.View planned uses: Make sure the planned use of the garage is "parking space" or "garage" to avoid purchasing illegally converted parking spaces.
3.Get a breakdown of fees: Purchasing a garage may involve deed taxes, maintenance funds and other expenses, which need to be confirmed with the developer in advance.
4.Pay attention to the property rights period: The ownership period of the garage is usually the same as that of the house, so please pay attention to the remaining period.
5. Hot topics related to garage property rights on the Internet in the past 10 days
According to the search data of the entire Internet, the following is the hot content about garage property rights in the past 10 days:
| topic | heat index | Main discussion points |
|---|---|---|
| "Residential garage property rights dispute" | 85% | Dispute between owner and developer over garage ownership |
| "Can civil air defense garages be bought and sold?" | 78% | Legal attributes and rights of use of civil air defense garages |
| "Garage Title Certificate Application Process" | 65% | Materials and time required for applying for property rights certificates in various places |
6. Summary
Garage equity is an issue that car owners and home buyers need to focus on. Understanding its legal definition, differences from small property rights, and purchase considerations can effectively avoid property rights disputes. It is recommended to consult a professional lawyer or real estate agent before purchasing to ensure that your own rights and interests are protected.
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