Space Right a New Kind of Property Right
Limin Wang
Abstract
Limin Wang
Abstract
Space right, as a new kind of property right, can be separated from the land ownership for building and become an independent real right. The separation of the land ownership and the land-use right for building does not mean that the space right is fully attributed to the content of land-use right for building, the land owner still enjoys the right of space-use within a certain scope. The control range of space right enjoyed by the land-use rights for building is limited, and can only be dominated within a stipulated area. So, as to the space from top to bottom of the land, if it is stipulated clearly, the owner should enjoy the surplus rights.
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Space right, as a new kind of property right, can be separated from the land ownership for building and become an independent real right. The separation of the land ownership and the land-use right for building does not mean that the space right is fully attributed to the content of land-use right for building, the land owner still enjoys the right of space-use within a certain scope. The control range of space right enjoyed by the land-use rights for building is limited, and can only be dominated within a stipulated area. So, as to the space from top to bottom of the land, if it is stipulated clearly, the owner should enjoy the surplus rights.
Key concepts: Space (punctuation), Property rights, Scope (computer science), Exclusive right, Land law, Business, Property (philosophy), Land tenure