Can you buy a title deed if it is a collective property?

None of them can be transferred. Buying it is not guaranteed for your interests. It can only be notarized. And there is also a great risk of notarization.

There is a huge risk for buyers to only notarize but not to be in the home. Because in China's real estate laws and regulations, once a dispute arises between the buyer and the seller, the real estate certificate is the first evidence of the ownership of the house, and the purchase contract is the secondary evidence. Once the seller mortgages or resells the home, the buyer's interest is not guaranteed.

In addition, the notary public should notarize according to the ownership of the real estate certificate and not according to the sales contract, and if the dispute between the two parties goes through the litigation procedure, its notarization will also be questioned. Buying a house is not a trivial matter, it is hundreds of thousands at every turn, so consumers are reminded that they must be more careful about houses without real estate certificates, and there is no suitable way to deal with this kind of transaction to ensure that the interests of both parties are not lost.

You are a rural hukou, and the housing with a collective real estate certificate can be purchased.

It is not allowed to buy things that do not belong to the village, such as urban hukou.

If you do not belong to the village, it is recommended that you do not buy the house. I am a registered real estate broker, according to the relevant regulations of the state, such a kind of property can only be purchased by the villagers of this village, and now the demolition within the scope of the national planning can enjoy compensation, and others are not.

Can I buy a house with a collective title deed?

Legal analysis: a house with collective property rights cannot be bought, a house with collective property rights is a house built on collective land, and it cannot be used for a land use certificate, it cannot be listed and traded, and it is not protected by law when there is a dispute between the sale and purchase, and at the same time it cannot enjoy the property rights of the house, only the right to use residence, and the compensation does not belong to the buyer when it is demolished.

Legal basis: "Land Management Law of the People's Republic of China" Article 8 The land in rural areas and suburbs of cities shall be owned by peasant collectives, except for those that are owned by the State as prescribed by law. Houses with collective property rights are built on collective land, and cannot apply for a housing land use certificate, are not private property, and cannot be listed and traded.

When we buy a house, we often weigh many aspects, such as property rights, location, etc. The price of the house with the collective real estate certificate is relatively low, which attracts many people to buy, so can the house with the collective real estate certificate be bought? Some people still have controversy about this, so let's take a look!

It is not advisable to buy a house with a collective title deed because it does not have a separate land use right and pre-sale certificate, so it is considered a small title house. The owner of the house does not have independent property rights, and it is often impossible to live in it, and the local real estate department will not record the purchase of this kind of house, and the state has also issued relevant regulations on Keimin, which strictly prohibits the listing and trading of small property rights. Buying this type of home is not recognized by law, so you need to be cautious when buying.

If it is just to meet your own residence, you don't need to think about other issues, such as moving your household registration, your children's schooling, etc. It is still possible to buy a house with a collective title deed. Because this kind of house has no property rights, it means that it cannot be signed online, and the transfer cannot be carried out normally, and the house sale contract can only be changed.

However, most people buy a house with a collective title deed only temporarily, often using it as a springboard for the transition of housing needs.

However, the houses with collective real estate certificates are often welfare houses funded by the unit, such as school teachers' dormitories, which are often lower. If you are not the person in the unit, there is still a certain risk in buying this type of house. If you insist on purchasing, you should write the purchase contract clearly, and you need to obtain the consent of the relevant personnel of the unit before you can change the name, but only within the unit.

Among them, it is also necessary to write clearly in the contract whether the house ** is attached to the land, which is very important and directly related to its own rights and interests.

In addition, since the house with a collective real estate certificate does not have property rights and cannot be mortgaged, it is not possible to apply for a loan from the bank when buying a loan. If you apply for a loan, there are many property rights issues involved, and there are many disputes. Although the ** of the house with the collective title certificate is cheaper, there are potential risks when buying, so there are no special circumstances, and Bu Da tries to avoid buying this type of house.

Hope the above, helpful.

It is possible to buy. The house with a collective title deed is collectively owned and can only be used for it.

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

Article 10. State-owned land and land owned by peasant collectives may be designated for use by units or individuals in accordance with law. Units and individuals using land have the obligation to protect, manage, and rationally use land.

Legal analysis]: Houses with collective real estate certificates cannot be bought. The construction of this kind of house is directly approved by the district, not registered with the housing authority, and the occupants do not have completely independent property rights to the house, and some are only rural collective real estate rights, which are called "township property rights" in the industry.

Township property rights are not property rights issued by a certain level of ** in the literal sense, and cannot be listed and traded. If the real estate certificate cannot be obtained due to the illegal development of the project, the house purchased by the buyer is at risk of being demolished or auctioned, and the buyer cannot claim its rights through legal channels. Members of collective economic organizations in the same village can buy the rest of the homestead land if they do not have it, otherwise they cannot buy it.

Legal basisArticle 11 of the Land Management Law of the People's Republic of China The land owned by the peasant collectives belongs to the village peasant collectives in accordance with the law, and shall be operated and managed by the village collective economic organizations or villagers' committees; Where a farmer's collective is already owned by two or more rural collective economic organizations in the village, it shall be operated and managed by each of the rural collective economic organizations or villagers' groups in the village; Those that are already owned by township (town) peasant collectives shall be operated and managed by township (town) rural collective economic organizations.

Houses with collective title deeds cannot be bought. Because it is not protected by law, collective property rights are itself an illegal act, and once a dispute arises, the law will not protect and support it. If you buy this type of house, you do not have the right to use the house, but the right to use it.

In the usual commercial housing, the buyer enjoys completely independent property rights and has his own house ownership certificate. This kind of house is built on collective land, and it cannot apply for a housing land use certificate, and it is not private property, and it cannot be listed and traded. The construction of such houses is directly approved by the district.

Law of the People's Republic of China on the Management of Urban Real Estate

Article 38.

The following real estate is not transferable:

1) Where the land use right is obtained by way of transfer, it does not meet the conditions provided for in Article 39 of this Law;

2) Where judicial or administrative organs make rulings or decide to seal up or otherwise restrict real estate rights in accordance with law;

3) recovering the right to use land in accordance with law;

4) Co-ownership of real estate, without the written consent of the other co-owners;

5) the ownership is disputed;

6) Failure to register and receive a certificate of ownership in accordance with law;

7) Other circumstances where laws or administrative regulations prohibit transfer.

When the collective real estate certificate changes to the individual real estate certificate, the residents need to bring their ID cards, the sales agreement signed with the unit when purchasing the house and the real estate certificate issued by the unit to the real estate transaction center to go through the relevant procedures.

Legal basisArticle 61 of the Law on the Administration of Urban Real Estate.

When real estate is transferred or changed, it shall apply to the local people's ** real estate management department at or above the county level for registration of real estate change, and apply to the people's ** land management department at the same level for registration of change of land use right with the changed house ownership certificate, and the people's ** land management department at the same level shall replace or change the land use right certificate after verification by the people's ** land management department at the same level. Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws.