How do you know what the nature of a titleless property is?

To check the nature of the house, you can check with the Housing and Land Management Bureau where the house is located, and you can provide the specific address of the house. It is also possible to verify the nature of the property right from the title certificate.

There is no limit to the number of years of residence, and most of the rights of use are permanent use, i.e. the right to rent. Residential buildings without property rights are either usufruct or small property rights or pooled houses, and such houses are built on the homestead.

When it comes to suggestions, it is recommended that landlords do not buy until they have to, because many things are unpredictable in the later stage. For example, demolition and property change will bring more trouble!

Collective ownership for 50 years is only the right to use when it expires.

The first is to ask the seller, the second is to inquire with other members of the residential building, the third is to verify through the Land Bureau, and the fourth is the attitude of the housing management department.

Even if it is farmland, building a house is a fait accompli, and the 50-year residency right is to use off-plan or small property rights.

Whether to buy or not depends on the situation.

What you are going to buy is a small property right house, which says that there is no right of residence, but the house you buy may be a brick and concrete structure, and the life of the house is 50 years.

Since there is no property right, then it must not be planned, if the urban planning comes to you, you will wait to demolish it, and when the plan is reached, you will demolish it. Because it was built illegally.

Houses without a license do not care about the nature of the land. Because you're a resting place or a demarcated land, you can't be a transfer land. It is advisable not to buy it, as there is no guarantee.

Non-property rights house generally refers to the house without a real estate certificate or a house that cannot apply for a real estate certificate, and the house without property rights has the right to use it restrictedly, and can be rented out with the consent of the property owner, but it cannot be transferred, that is, it has no right to trade, and it is not allowed to buy and sell houses without property rights in public transactions.

[Legal basis].

Article 61 of the Law on the Administration of Urban Real Estate to obtain land use rights by way of transfer or allocation, shall apply to the local people's land management department at or above the county level for registration, and after verification by the local people's land management department at or above the county level, the land use right certificate shall be issued by the people at the same level. If a house is built on the land for real estate development obtained in accordance with the law, it shall apply for registration with the local people's real estate management department at or above the county level with the land use right certificate, and the local people's real estate management department at or above the county level shall verify and issue a house ownership certificate. 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.

The ownership of a house without a real estate certificate can be determined through the people's court. The house is one of the immovable properties, and after the house is registered, the owner of the house obtains the property ownership certificate, and in the absence of the property ownership certificate, the builder is generally the owner of the house, and if there is a dispute over the ownership of the house, you can apply for confirmation of the right to the house. Where the property right is infringed by the relevant laws, the right holder may resolve it through conciliation, mediation, arbitration, litigation and other means.

Civil Code of the People's Republic of China

Article 234.

If a dispute arises over the ownership or content of the real right, the interested party may request confirmation of the right. Article 238.

Where a real right is infringed and damage is caused to the right holder, the right holder may request compensation for damages in accordance with law, and may also request to bear other civil liabilities in accordance with law. Article 241.

The owner has the right to create a usufructuary right and a security interest in his immovable or movable property. The exercise of rights by the usufructuary right holder or security right holder shall not harm the rights and interests of the owner.

1.The house with the title certificate has been tried through formal channels and the land transfer fee has been paid. Generally, the land transfer fee accounts for more than 30% of the cost of the house. Houses without title deeds do not have this cost, and the construction quality is generally relatively poor, so it is much cheaper.

2.The so-called property right house means that the property owner has the ownership of the house, the right to use the land within the scope occupied by the house, and the property owner has the right to occupy, use, benefit and dispose of it.

3.This right is absolute and exclusive, and is not subject to the interference and influence of anyone else, and the property owner can legally dispose of his real estate rights by transferring, leasing, mortgaging, pawning, etc.

4.As the name suggests, a house without a title deed or a house that cannot apply for a title deed. This type of house is forbidden by law to be bought and sold in public.

5.However, the house without property rights only has the right to use restrictions, which can be lived in and rented to a certain extent (with the consent of the property owner legal person), but it cannot be transferred, that is, it has no right to trade, list, gift, inherit (it can only be inherited after the corresponding procedures are repurchased), and if it needs to be sold (right), the property owner has the right of first refusal.

1. A house with a certificate has a record with the Housing Authority, and a house without a license has not been recorded. The protection of real estate is different from the protection of other general property, and it is necessary to determine the ownership of its rights by means of ownership registration; A house without a title deed, a house without land use rights and house ownership. This type of house is an illegal building and is not protected by any law.

If you encounter demolition or other things in the future, you will not get any compensation. In the future, there will be disputes between the two parties, that is certain. Even if a sales contract was signed at the time of the transaction and entered the court, the contract did not have much notarization effect.

2. Licensed houses can be loaned normally, but unlicensed houses cannot be loaned.

3. Licensed houses generally have low transaction risks, and unlicensed houses have high risks. The reform of the housing system, the renovation of old cities, the demolition of houses, as well as the division of property, inheritance, donation, and mediation of ownership disputes in civil legal activities, all rely on the perfect system of registration and issuance of property rights certificates, as well as the resulting real estate archives and atlases and other property registration materials as the basis.

4. The real estate certificate is the only legal certificate, and the housing ownership certificate is a legal certificate issued to the right holder after being reviewed and confirmed by the real estate administrative organ, and the real estate certificate is used to prove and guarantee its authenticity and legitimacy with its reputation and administrative acts.

What is the difference between large and small houses?

1. The legitimacy is different.

In addition, the legality of large property and small property is not the same. Large property rights are legal and have a property right certificate issued by the state. Small property ownership countries do not issue title certificates for houses.

The property right certificate issued by the township ** is actually not the property right of the real hand, and this kind of house does not have the land use certificate and pre-sale license issued by the state, and the relevant departments will not record it.

2. Transaction taxes and fees are different.

In addition, the transaction taxes and fees for small and large property rights are different. If the house is transferred again, if the land transfer fee is not paid, then it is a large property right. If it is still necessary to pay the land transfer fee, such property rights are called small property rights.

According to this interpretation, ordinary commercial housing is a large property right house, and affordable housing is a small property right house, and the buyer can confirm this difference from the form of acquisition of land use rights in Article 1 of the contract. Specifically, if the land certificate provided by the real estate developer is obtained through allocation, it is a small property right; If it is obtained through assignment or transfer, it is referred to here as a large property right.

3. The ownership of property rights is different.

Usually, we call the developer's property right the large property right, and the buyer's property right is called the small property right, and the reason why it is so divided is because the buyer's property right is divided by the developer's property right.

The difference between a house with property rights and a house without property rights is still relatively obvious:

1. If there is a property right, then there is a record in the local housing authority, and there is no record without property rights.

2. If you have property rights, you can apply for a bank loan normally at the time of the transaction, but there is no way to apply for a loan for a house without property rights, and you can only trade in full.

3. Under normal circumstances, the risk of trading a house with a certificate is relatively small, but the risk of a house transaction without a certificate is relatively large.

All in all, the real estate certificate is actually the only legal document, and this document is very important.

The term of property rights is actually calculated from the day the developer gets the land use right, and many people think that the term of property right is calculated from the day they buy the house, but this idea is actually a mistake, and it is generally calculated from the time when the developer signs the land use right transfer contract.

After the developer gets the land use right, it still takes a few years for Qi Li to build the house, so when the owner gets the house, the general property right is less than 70 years, but even in this case, it will not affect the use of the house late, even if it expires, it can be renewed directly.

The difference between co-ownership and non-co-ownership is more obvious, if it is a co-ownership of property rights, then it actually means that a house will have two or more rights subjects, but if it is non-co-ownership, then it proves that there is only one person in the property owner of the house.

The above is about the difference between a house with property rights and a house without property rights, there is no way to apply for a real estate certificate for a house without property rights, and this kind of house is limited to use. The property right house can be handled for the title certificate, and the transaction can be carried out at will at that time, and this type of house is also more secure.

Legal analysis: The law stipulates that a house without property rights is a house without a property ownership certificate or a house that cannot apply for a property ownership certificate, and it is not allowed to be traded publicly in the law.

Legal basis: "Land Management Law of the People's Republic of China" Article 4 The State implements a land use control system. The State prepares an overall land use plan, stipulates land use, and divides land into agricultural land, construction land and unused land.

Strictly restrict the conversion of agricultural land into construction land, control the total amount of land used for construction, and implement special protection for cultivated land. The term "agricultural land" as used in the preceding paragraph refers to land directly used for agricultural production, including cultivated land, forest land, grassland, farmland water use land, aquaculture water surface, etc.; Construction land refers to the land for the construction of buildings and structures, including urban and rural residential and public facilities, industrial and mining land, transportation and water conservancy facilities, tourism land, military facilities, etc.; Unused land refers to land other than agricultural land and construction land. Units and individuals using land must use land in strict accordance with the purposes determined in the overall land use plan.