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.

China’s property law framework is underpinned by a series of fundamental laws and statutory reforms that define the ownership, usage and transfer of both urban and rural property. These statutes not only reflect the evolution of property law in China but also highlight the country’s ongoing efforts to balance state control with private property rights, aiming to foster economic development while ensuring social stability and equity. The dynamic nature of China’s property law framework continues to evolve in response to domestic and international economic pressures, requiring continuous analysis and adaptation. Notwithstanding the ongoing signs of progress, Chinese property law faces several challenges that stem from rapid economic development, urbanization, ideological inertia and the legal complexities of transitioning to a market-oriented economy. Rather than a linear transition to private ownership, China’s institutional reform of rural land markets is more complex than orthodoxy economic theory, law and development theory suggests.

It explores the various methods of property acquisition under Chinese law. The chapter begins by distinguishing between original and derivative acquisition, emphasising the different processes involved in each. It highlights the legal nuances and state ownership implications, particularly in cases involving lost property and unowned estates.

The chapter then delves into the theory and practice of property transfer, discussing the principles governing the transfer of ownership through delivery (for movables) and registration (for immovables). A significant portion is dedicated to the land registration system, detailing its historical development, functions, and the dual registration models (mandatory and voluntary). It addresses the legal mechanisms for ensuring accurate registration, liability for mistakes and fraud, and the processes for rectifying errors. The chapter concludes by analyzing the different methods of delivery, both actual and constructive, and their implications for property rights transfer.

The chapter outlines the requirements for creating a valid pledge, including the necessity of an agreement and the transfer of possession.

The chapter then explores the concept of a lien, which grants a creditor the right to retain possession of a debtor’s property until the debt is satisfied. It explains the conditions under which liens arise, typically through the provision of services or materials that enhance the value of the property.

A significant portion of the chapter is dedicated to discussing the priority of claims. It explains how pledges and liens interact with other security interests and the legal rules that determine the priority of creditors’ claims. The chapter also details the enforcement mechanisms available to creditors, including the sale of the pledged or liened property and the distribution of proceeds.

By analyzing these aspects, the chapter provides a thorough understanding of the legal intricacies of pledges and liens, emphasizing their practical implications for securing and enforcing debts in China.

This chapter explores the fundamental aspects of property law in China, emphasising its reach and function as a socially constructed concept. It begins by defining the scope of property law and its significance in a socialist-transitioning China, where property is seen not just as a tangible asset but as a relationship between individuals and society. It delves into the historical development of property law, tracing changes from ancient times through the establishment of the People’s Republic of China and the subsequent legal reforms.

The chapter also examines the constitutional property clause, highlighting amendments that have progressively recognised and protected private property rights. It discusses significant rural land reforms, focusing on the transition from collective to more individualised land use rights and the implications for agricultural productivity and social stability. Furthermore, the chapter addresses the protection of property rights, outlining legal mechanisms for the enforcement and safeguarding of these rights.

This chapter delves into the foundational sources and principles underpinning Chinese property law. It defines property rights and highlights their features, emphasising the distinctions between property rights and personal rights in the Chinese legal context. The core of the chapter explores the sources of property law, which include the Constitution, national legislation, administrative regulations, local regulations, judicial interpretations and civil customs. This section underscores the significant influence of Roman law and German civil law traditions on Chinese property law. Next, the chapter discusses the basic principles of property law: the principle of numerus clausus, which restricts the types of property rights to those defined by law; the principle of equal protection, which ensures that state, collective and private property rights are equally protected; and the publicity principle, which mandates that property rights must be publicly recorded to be enforceable against third parties. Finally, the chapter addresses the classification of property, distinguishing between corporeal and incorporeal property, as well as between movable and immovable property.

It begins by defining possession and its legal implications, detailing how possession is established, maintained, and protected. The chapter explores the rights and obligations of possessors and the legal remedies available in cases of wrongful possession or disputes. It then delves into the legal framework of expropriation, highlighting the conditions under which the state can expropriate private property. It discusses the procedural requirements for expropriation, including the need for public interest justification, fair compensation, and the legal processes involved in challenging expropriation decisions.

By analyzing these aspects, the chapter provides a comprehensive understanding of the balance between protecting individual property rights and the state’s power to expropriate property for public use. It highlights the challenges and legal safeguards in place to ensure fair and transparent expropriation practices, offering valuable insights into the complexities of possession and expropriation in the Chinese legal system.

This chapter begins by defining Construction Land Use Right (CLUR) as the legal rights granted to entities or individuals by the government to use, possess and profit from state-owned land designated for construction purposes. The chapter outlines the creation of CLUR, detailing the processes of obtaining these rights through allocation or paid use, and the importance of registering these rights to ensure legal recognition and enforceability.

The chapter further explores the contractual aspects of CLUR, including the key terms and conditions that must be included in CLUR contracts and the debate on whether these contracts are civil or administrative in nature. It highlights the significance of compliance with administrative regulations and the consequences of non-compliance.

Additionally, the chapter delves into the transferability of CLUR, discussing the conditions under which allocated CLUR can be transferred, leased or mortgaged, and the legal implications of multiple transfer contracts. It also examines the revocation and extinguishment of CLUR, detailing the grounds for revocation by the government for public interest and the procedures involved in such actions.

This chapter provides an in-depth analysis of Land Contractual Management Rights (LCMR) and Homestead Use Rights. It begins by explaining the concept of usufruct, which allows individuals to use and benefit from land owned by the state or collectives. The chapter delves into the creation, content and registration of LCMR, highlighting its significance in rural land tenure and agricultural productivity. It addresses ambiguities in LCMR, including issues of inheritability and the challenges faced by women in rural areas regarding land rights.

The second part of the chapter focuses on Homestead Use Rights, detailing their concept, features and transferability. It explores how homestead use rights are essential for rural residents’ housing security and the evolving policies around their marketization and mortgageability. The chapter also discusses the conditions under which homestead rights can be extinguished and the regulatory environment governing these rights.

This chapter provides a detailed examination of condominium ownership in China, focusing on the unique legal framework that governs this form of property. The chapter begins by highlighting the significance of condominiums in China’s housing market, driven by high homeownership rates and rapid urban development. It outlines the three fundamental elements of condominium ownership: individual ownership of a unit, joint ownership of common areas and membership in a Homeowner Association (HOA). It discusses the complexities of parking space allocation – a common source of disputes – and the regulations that address these issues.

The role and management structure of HOAs are thoroughly explored, including their functions, rights and the democratic processes for decision-making and electing committee members. The chapter also examines the legal obligations regarding maintenance funds and the involvement of local governments in supporting HOAs. Finally, the chapter addresses the participation quota, which determines the proportionate share of common expenses and voting rights among unit owners, ensuring fair and equitable management of condominium properties.

This chapter delves into the various types of properties that can be mortgaged, including residential, commercial and state-owned agricultural construction land. It also discusses the legal implications of mortgaging properties with existing encumbrances, such as habitation rights or easements, and how these affect the priority of claims.

Furthermore, the chapter explores foreclosure procedures, detailing the steps a mortgagee must take to enforce their security interest in the event of a default. It addresses the legal protections available to mortgagors, such as redemption rights and anti-deficiency laws.

Finally, the chapter examines the priority of mortgage claims in relation to other creditors, explaining how Chinese law determines the ranking of competing interests. By providing a comprehensive analysis of mortgage law, this chapter equips readers with the knowledge to navigate the complexities of securing and enforcing mortgage interests in China.

This chapter outlines the essential characteristics of servitude, including its creation through written contracts, its binding nature on successive property owners, and the necessity of registration for enforceability against third parties.

The second section focuses on habitation rights, a form of personal servitude allowing individuals to reside in a property owned by another. It explains the creation of habitation rights through contracts and wills, highlighting the mandatory registration process to ensure these rights are recognized against third parties. The chapter examines the interaction between habitation rights and other property interests, such as mortgages and bona fide purchasers, emphasising the legal protections and potential conflicts that arise.

By providing a comprehensive overview of servitude and habitation rights, this chapter offers readers a detailed understanding of these unique property interests and their practical implications in the Chinese legal system.

Natural rights can justify legal rights to control and dispose of those resources exclusively – that is, rights of ownership. Ownership is justified on moral grounds when it seems likely in practice to help people acquire and use resources more effectively than alternate regimes would – especially, a system in which resources were open for everyone’s access and use and people enjoyed them with usufructs. This chapter studies four core or paradigm cases in which ownership facilitates use enough to be legitimate. One (associated with Aristotle) stresses ownership’s tendency to reduce disputes over property; another (associated with St. Thomas Aquinas) focuses on how ownership encourages careful management of resources; a third (Locke) focuses on how ownership incentivizes people labor and productivity; and the last (James Madison and other American founders) focuses on ownership’s securing privacy and autonomy for owners’ own preferred uses. This chapter considers egalitarian critiques of ownership, especially by Jeremy Waldron, Joseph Singer, G.A. Cohen, Liam Murphy, and Thomas Nagel. To define ownership, this chapter relies on conceptual work by A.M. Honore and J.E. Penner.