The old house does not have a real estate certificate, only the land certificate can be transferred

The house cannot be transferred without a title deed.

To separate situations, some can and some cannot.

In the first case, the land is collective land, that is, the houses in the countryside, and the land is the kind of homestead certificate and green land certificate. If this is the case, it is not possible to transfer the ownership.

The second situation is the problem left over from history, that is, the developer had a large land certificate in the past, but did not divide the large land certificate.

If there is only a real estate certificate and no land certificate, it is not possible to go through the transfer procedures. The real estate certificate and land certificate are proof that the owner owns the property and the right to use the land, and if there is no proof of the right to use the land, it may lead to the infringement of his legitimate rights and interests.

[Legal basis].

Article 38 of the Law of the People's Republic of China on the Administration of Urban Real Estate The following real estate shall not be transferred: (1) the land use right obtained by way of transfer does not meet the conditions stipulated in Article 39 of this Law; (2) Where judicial or administrative organs make rulings or decisions 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.

If there is only a real estate certificate and no land certificate, then it is not possible to handle the transfer. Because the real estate certificate can prove the ownership of the house, and the land use certificate is the legal certificate that proves that you have the right to use the land, the two are inseparable. A house should have a house ownership certificate and a land use right certificate, because only when the two certificates are complete, the buyer can be considered to have obtained complete rights, and if the land certificate is missing, it will bring risks to the rights and interests of the buyer.

Articles 38 and 39 of the Law on the Administration of Urban Real Estate stipulate that real estate that has not obtained a certificate of land use right shall not be transferred if the land use right is obtained by way of transfer.

Hope it helps.

Legal analysis: According to the relevant laws and regulations of our country, Cong Yousui only has a real estate certificate and no land certificate can transfer the house. The title deed and the land deed are proof that the owner owns the property and the right to use the land, and the two are inseparable.

If there is only one certificate and no other certificate, the transfer cannot be processed.

Legal basis: Article 209 of the Civil Code of the People's Republic of China The creation, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with law; Without registration, no suspension effect will occur, except as otherwise provided by law. The ownership of self-infiltrating resources that belong to the state in accordance with the law may not be registered.

Many people often only pay attention to whether the house has a real estate certificate when buying a house, but ignore whether the house has a land certificate.

A house with only a real estate certificate and no land certificate cannot be bought, because the transfer procedures cannot be carried out without the land certificate, and the buyer cannot settle down. Only the real estate certificate without the land use right certificate may bring risks to the purchase and transaction of residential real estate.

Can I transfer ownership without a land certificate only with a real estate certificate?

Only the real estate certificate can not be transferred without the land certificate. The real estate certificate and the land certificate are also the relevant proof that the owner owns the property and the right to use the land, the two are inseparable, but there is a certificate, and there is no other certificate, that is, there is a real estate certificate, no land certificate, or only a land certificate, and there is no real estate certificate can not be transferred. Without a land certificate, it means that the owner does not have the right to use the land, so when the land is encroached upon by others, the homeowner has no way to protect his legal rights, so the lack of a land friend certificate will bring risks to the buyer.

The process of applying for a house certificate is as follows:

1. Collect and fill in the application form for real estate registration at the real estate registration agency;

2. Submit the registration application, the identity certificate of the applicant and the first person, the power of attorney and other materials;

3. Review materials;

4. If the registration conditions are met, the formalities shall be completed within 30 working days from the date of acceptance of the application, and the real estate ownership certificate shall be issued.

The materials that buyers should prepare when applying for the property right certificate are as follows:

1. A copy of the full amount of the house should be provided;

2. A copy of personal ID card, and people from other provinces and cities need to submit a copy of the temporary residence permit within the validity period;

3. Housing deed tax;

4. The original supplementary agreement for the area difference;

5. The original application form for registration of housing property rights transaction;

6. Special receipts for public maintenance;

7. The original copy of the purchase contract.

What should I do if the real estate certificate is transferred and the land certificate is not transferred.

Theoretically, second-hand houses generally need three certificates to be traded, and they cannot be traded without a land certificate. However, in practice, some houses can still be transferred. For second-hand housing transactions in non-urban areas, three certificates must be prepared before they can be traded, while second-hand housing in the city only needs to have two certificates, real estate certificates and deeds, to be listed and traded.

The property right certificate and the land certificate are the proof that the owner owns the property and the right to use the land, and the two are inseparable, and the absence of the land certificate means that the owner does not have the right to use the land, so when the land is occupied, the owner will not be able to protect his legitimate rights and interests. Therefore, a house without a land certificate faces three major risks: although the real estate certificate is in its own hands, the land use right still belongs to the developer, which cannot rule out the risk that the developer will mortgage the bank with the "big certificate" of the land use right; If the land certificate is not processed, some units may illegally transfer the land use right to others, causing the buyers to suffer unnecessary losses; Incomplete land use certificates and property rights certificates affect listing transactions.

Conveyancing procedures.

1) Application form for registration of real estate transfer;

2) Proof of identity of the applicant;

3) Certificate of Real Estate Rights;

4) The administrative decision of the relevant administrative organ, the real estate sales contract, (if it needs to be notarized according to the regulations, the notarized real estate sales contract shall be submitted) or the notarized real estate gift letter, or the notarized real estate inheritance certificate, or the real estate exchange agreement, or the real estate division agreement;

5) If a mortgage has been created, a written document with the consent of the mortgagee shall be submitted;

6) In the case of compulsory transfer by the people's court, an effective judgment, ruling, mediation document and notice of assistance in enforcement shall be submitted;

7) For the transfer of real estate of unincorporated enterprises and organizations, the approval documents of the property rights department agreeing to the transfer shall be submitted;

8) administrative allocation, reduction or exemption of land premium land, should be submitted to the competent authority of the approval documents and proof of payment of land premium;

9) If the real estate is acquired by bidding, auction or listing, the confirmation of winning the bid, the confirmation of the auction transaction, the contract for the transfer of land use rights and the certificate of payment of the land price shall be submitted;

10) If it is a welfare commercial house, it should be submitted to the relevant competent department for approval;

11) Demolition compensation shall be submitted to the demolition compensation agreement;

12) Opinion of the co-owners of the real estate agreeing to the transfer;

13) In the case of acquisition or merger of enterprises, the approval documents of the relevant departments shall be submitted;

14) In the case of real estate transfer between state-owned enterprises or other organizations, the approval documents of the relevant departments shall be submitted;

15) Other documents stipulated by laws, regulations, rules and normative documents.

There are three types of cases:

1. If the house is a real estate certificate that combines the land certificate and the real estate certificate, you can transfer the ownership directly.

2. If the land to which the house belongs is transferred, and the original owner has not applied for the land certificate of his personal name, he can complete the land certificate and then transfer the real estate certificate and land certificate.

3. If the land to which the house belongs is collective, or in the nature of allocation. It is necessary for the original owner to pay the land transfer fee and complete the land certificate of the nature of the transfer, and then the real estate certificate and land certificate can be transferred.

Land certificate application process:

1. Obtain the application form for housing ownership registration (with the developer's seal), the housing strata division plan, the purchase invoice, and the map for the land certificate from the developer;

2. Pay for maintenance**;

3. Pay deed tax;

4. Apply for property right certificate;

5. Apply for land certificate.

There are three types of cases:

1.If the house is a property deed that combines the land certificate and the real estate deed, you can transfer the ownership directly.

2.If the land to which the house belongs is in the nature of transfer, and the original owner has not gone to apply for the land certificate of his personal name, he can complete the land certificate and then transfer the real estate certificate and land certificate of the house.

3.If the land to which the dwelling belongs is collective, or in the nature of allocation. It is necessary for the original owner to pay the land transfer fee and complete the nominal land transfer certificate, and then the real estate certificate and land certificate can be transferred.

Yes, the reason is: according to the "People's Republic of China.

Article 61 of the Law of the People's Republic of China on the Management of Urban Real Estate (Order No. 72 of the President of the People's Republic of China) stipulates that 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 for registration of land use right change to the people's ** land management department at the same level 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. In other words, the land certificate is not a precondition for the transfer of the house property right and then the transfer of the land property right.

You can reapply for a land certificate and then transfer the ownership. However, the transfer of employees within the unit does not need to be transferred, and it can be exempted from tax.

Ownership can be transferred.

Preparation documents for the transfer of real estate:

1) Application form for registration of real estate transfer;

2) Proof of identity of the applicant;

Materials required by the seller: original ID card and a copy of ID card. If you are married, you need the original marriage certificate and a copy, and the original real estate certificate; If one of the husband and wife is unable to be present, they must first write a power of attorney and then go to the justice bureau to notarize, the household registration book and a copy.

Materials required by the buyer: original ID card and a copy of the ID card, household registration book and copy, if you are single, you need to go to the Civil Affairs Bureau to open a single certificate.

3) Certificate of Real Estate Rights;

4) Administrative decision of the relevant administrative organ, real estate sales contract, (notarized real estate sales contract shall be submitted according to regulations) or notarized real estate gift, or notarized real estate inheritance certificate, or real estate exchange agreement, or real estate division agreement;

5) If a mortgage has been created, a written document with the consent of the mortgagee shall be submitted;

6) In the case of compulsory transfer by the people's court, an effective judgment, ruling, mediation document and notice of assistance in enforcement shall be submitted;

7) For the transfer of real estate of unincorporated enterprises and organizations, the approval documents of the property rights department agreeing to the transfer shall be submitted;

8) administrative allocation, reduction or exemption of land premium land, should be submitted to the competent authority of the approval documents and proof of payment of land premium;

9) If the real estate is acquired by bidding, auction or listing, the confirmation of winning the bid, the confirmation of the auction transaction, the contract for the transfer of land use rights, and the proof of payment of the land price shall be submitted;

10) If it is a welfare commercial house, it should be submitted to the relevant competent department for approval;

11) Demolition compensation shall be submitted to the demolition compensation agreement;

12) Opinion of the co-owners of the real estate agreeing to the transfer;

13) In the case of acquisition or merger of enterprises, the approval documents of the relevant departments shall be submitted;

14) In the case of real estate transfer between state-owned enterprises or other organizations, the approval documents of the relevant departments shall be submitted;

15) Other documents stipulated by laws, regulations, rules and normative documents.

No, you must have all the documents to transfer the ownership.

The land certificate is issued by the local people, and it is a written document that proves that the holder has the ownership or right to use a certain area of land, and it is a legal certificate that the holder enjoys the ownership or right to use the land. The land certificate can be transferred.