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This chapter explores the intricate legal concepts of co-ownership and neighbour relations under Chinese property law. The first section delves into co-ownership, explaining its categories: co-ownership by shares and common ownership. It discusses the rights and obligations of co-owners, the management of co-owned property and the legal remedies available for disputes. The chapter highlights how co-ownership can be established through contracts, partnerships and familial relationships, and examines how these relationships influence the management and division of property.
The second section focuses on neighbour relations, covering the concept and content of neighbour rights. It outlines the principles governing these rights, such as facilitating production and ensuring convenient living while balancing fairness and reasonableness. The chapter discusses the impact of civil customs on neighbour relations, providing case studies to illustrate how local practices influence legal decisions. By examining these elements, the chapter provides a comprehensive overview of how co-ownership and neighbour relations are regulated, emphasising the importance of harmony and co-operation in property management and dispute resolution.
This chapter considers the principles applying to co-ownership, the situation where one or more persons or entities jointly owns property. It begins by examining joint tenancies and tenancies in common and the way such interests are created, the various obligations and rights attending to each and how co-ownership may be terminated. With the recent increase in apartment-style living in Australia’s larger cities, new forms of co-ownership were called for. The response was, first, the creation of company title and, from the 1960s onwards, new legislative forms of title reflected through the creation of strata and community title. These forms of co-ownership and the legislative regimes which underpin them form the focus of the second half of this chapter. In bringing together the legal framework governing co-ownership and the specific legislative regimes which apply to community living , this chapter draws together the law in relation to community of ownership in larger perspective and in one place, enabling an appreciation of this area of property law’s development as a response to changing social, commercial and community conditions.
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