What kind of house counts as a historical legacy?

Illegal private houses left over from history refer to the following private houses built in violation of laws and regulations before March 5, 1999:

1) Private houses illegally occupied by former villagers on state-owned land or other land outside the red line of the original rural land.

2) The private houses newly built, reconstructed and expanded by the original villagers within the red line of the original rural land without the approval of the people at or above the town level.

3) Private houses built by the original villagers beyond the land area and construction area specified in the approval document.

4) Private houses built by the original villagers in violation of the principle of one house per household.

Basic Principles:

1) Respect history, seek truth from facts, look at the remaining problems from a historical perspective, fully consider the laws, regulations or policies when the house is built, as well as the actual situation of the city's administrative system and economic development, respect history, and seek truth from facts. The policy at the time of the construction of the house shall prevail, and the right shall be properly reviewed, identified and confirmed, and it is not appropriate to require past acts in accordance with current laws and regulations.

2) Convenience and benefit to the people, simplifying proceduresIn the process of dealing with problems left over from history, in line with the guiding ideology of people-oriented, doing practical and good things for the masses, and proceeding from safeguarding the vital interests of the masses, we should simplify procedures, reduce costs, improve efficiency, and truly achieve convenience and benefit to the people.

The above content refers to: Encyclopedia - Zhuzhou City on dealing with the historical legacy in the registration of housing ownership on state-owned land.

Historical houses, including the problems left over from the socialist transformation of private houses, the problems of private properties that were occupied and confiscated during the Cultural Revolution, the problems of real estate managed in the early days of the founding of the People's Republic of China, and the implementation of the private housing policies of overseas Chinese, Hong Kong, Macao and Taiwan compatriots.

Article 3 of the Notice of the Supreme People's Court on Issues Concerning the Acceptance of Real Estate Cases (Fa Fa [1992] No. 38) dated November 25, 1992 stipulates that: "Any real estate dispute that does not meet the relevant requirements of the Civil Procedure Law and the Administrative Procedure Law and is of the nature of implementing the policy left over from history, real estate disputes caused by the adjustment and allocation of administrative instructions, withdrawal and merger of institutions, etc., real estate disputes such as occupying and vacating houses caused by the construction or division of houses within a unit, etc., The people's court shall not accept or reject the lawsuit filed by the parties for this purpose, and may inform them to apply to the relevant departments for resolution."

The division of such houses is based on historical age, such as more than 50 years or more than 100 years.

Your problem is very complex, there are too many policy issues involved, if you don't know much about real estate, you can look at your local demolition policy (which can be searched on the Internet) has clear regulations.

And is your grandfather still alive? Some problems are changing, you are too tired to go to the file, since the demolition person demolishes your house, he knows your situation best, can he demolish it if you don't know him?

It is recommended that you "do not move to change".

It is that the house divided by the unit many years ago has not been reformed, and now the parties are gone, and it is not easy to solve it is a historical legacy.

I think that although it was allocated to the unit, it was not your own private property, because you didn't pay for it at that time. It should be considered a public property. It's not bad if you don't count the rent.

A house like Beijing Courtyard House should be a historical legacy! Or a century-old house.

Legal analysis: historical houses, including private houses left over from socialist transformation, private properties that were occupied and confiscated during the Cultural Revolution, real estate managed in the early days of the founding of the People's Republic of China, and the implementation of private housing policies for overseas Chinese, Hong Kong, Macao and Taiwan compatriots.

Legal basis: Land Management Law of the People's Republic of China

Article 13: Cultivated land, forest land, grassland, and other land used for agriculture in accordance with law owned by peasant collectives and owned by the State in accordance with law, shall be contracted by means of household contracting within rural collective economic organizations, and barren mountains, barren ditches, barren hills, barren beaches, etc., which are not suitable for household contracting, may be contracted by means of bidding, auction, public consultation, etc., to engage in planting, forestry, animal husbandry, and fishery production. The contract period is 30 years for cultivated land contracted by households, 30 to 50 years for grassland, and 30 to 70 years for forest land. After the expiration of the contract period for cultivated land, it shall be extended for another 30 years, and after the expiration of the contract period for grassland and forest land, it shall be extended accordingly in accordance with law.

Land owned by the State for agricultural purposes in accordance with the law may be contracted and operated by units or individuals engaged in crop farming, forestry, animal husbandry, and fishery production.

The contract issuing party and the contracting party shall conclude a contract in accordance with law, stipulating the rights and obligations of both parties. Units and individuals contracted to operate land have the obligation to protect and rationally utilize the land in accordance with the purposes agreed in the contract.

14th land ownership and use rights disputes, by the parties to negotiate and settle; If the negotiation fails, it will be handled by the people.

Disputes between units shall be handled by the people at or above the county level; Disputes between individuals and between individuals and units shall be handled by the people at the township level or at or above the county level.

Where parties are dissatisfied with the disposition decision of the relevant people, they may file a lawsuit with the people's court within 30 days of receiving the notice of the disposition decision.

Before the dispute over land ownership and use rights is resolved, neither party shall change the status quo of land use.

Influential. If there is a problem left over from history, it may be that the real estate certificate cannot be obtained, and the real estate certificate can be obtained, indicating that the problem left over from history has been solved and can be transferred. The state's management of the house is based on the registration of the house, that is, the property ownership certificate, who obtains the property ownership certificate, the house belongs to whom, he can do everything to deal with the house, including living, renting, selling, etc., since the property ownership certificate has been obtained, it means that if there is a historical problem, it should be solved before the real estate certificate, otherwise the real estate certificate will not be obtained, and with the real estate certificate, the house can be bought and sold and transferred.

1. Historical houses with inconsistent ownership and land use rights. Due to the separate registration of the original land and houses, many houses have not applied for the land use right certificate or do not meet the relevant regulations and cannot handle the matching of the land use right certificate, and the house ownership certificate has even been transferred (including multiple transfers), so there are a large number of historical problems, including the incomplete information of housing land ownership, only the real estate certificate and no land use certificate. For this kind of problem, it is mainly for those who can apply for land use right certificates in accordance with the law, and handle the real estate property rights certificate of the integration of real estate and land in accordance with laws and regulations; Where it is necessary to supplement the relevant procedures, try to improve the procedures in accordance with the regulations; For small property rights houses that do not comply with the provisions of laws and regulations, the hall will not go through the relevant registration procedures for selling acres.

Summary. Good Historical houses refer to houses that have existed for a period of time, but have not been built without legal procedures or have not obtained the corresponding land use right certificate for various reasons. Such houses are usually not protected and are difficult to be recognized by the land department.

In China, the Urban Real Estate Management Law stipulates that houses without permission or filing shall not be sold, demolished, reconstructed, etc.

Good Historical legacy houses refer to the houses that have existed in the spike ridge for a period of time, but due to various reasons, they have not been built in accordance with legal procedures or have not obtained the corresponding land use right certificate. Such houses are usually not protected and are difficult to be recognized by the land department. In China, there are relevant provisions in the "Law on the Management of Real Estate in Urban Housing", which prohibits the sale, demolition, and reconstruction of houses without permission or filing.

Expansion and supplement: Most of the historical houses are illegal construction products caused by imperfect planning, loose management, and poor supervision during the urban construction period or rural construction period. These houses usually lack legal certificates such as land use certificates and house ownership certificates, and if they are not rectified in time, they will not only occupy land resources, but also generally become urban chaos and safety hazards.

For this kind of housing, the state and local governments will introduce relevant policies to guide the standardization and rectification to maintain the order of urban management and the interests of citizens. <>