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小区附属建筑所有权归属的问题一直存在较大争议,对小区附属建筑所有权的归属,司法界和学界均存在不同的看法。该文主张开发商原始取得附属建筑所有权,而小区业主对附属建筑享有地役权,以此解决业主与开发商未约定或未明确约定时的附属建筑所有权归属及其使用限制问题。
There has always been much controversy over the ownership of residential affiliates. There are different opinions on the ownership of subordinate buildings, the judicial community and the academic community. The article argues that the developer should obtain the ownership of the subsidiary building and the owner of the district should enjoy the easement of the subsidiary building so as to solve the problem of the ownership of the subsidiary building and its restriction of use when the owner and the developer have not agreed or have not agreed explicitly.