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No. Generally, the house is a farmer's homestead, and the state is not allowed to buy or sell. Even if you buy and sell, you can't get the title deed.
** 2 has either acted in a lawsuit or said this;
There is a middle-aged man in the city who has just retired and wants to buy a house in the countryside to retire, where the environment is good, there is land, flowers and so on. Later, I found a farmer to sell it, but later the farmer said that the house was his, and he bought it, saying that the sales contract was fake at that time, and the transaction was made later. In the end, the middle-aged city couple lost because they had no property rights and the contract was illegal.
Farmer homesteads are not allowed to be bought and sold.
It is difficult to get a rural hukou in an urban area, not to mention that you are not a rural person and buy a house in the countryside.
Sooner or later, dispel it.
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If there is no 100% property right, then it is a small property right house, which can only be bought and sold collectively internally, not externally, and if it is 100% property rights, it can be bought and sold freely.
Housing property rights refer to the rights enjoyed by the owner of the property in accordance with the laws and regulations of the state, that is, the sum of the rights and interests of the house, that is, the right of the owner of the house to occupy, use, benefit and dispose of the house property. The term of house ownership is permanent, and the land use right is one year or 70 years according to the relevant laws and regulations, and the renewal fee is increased by 1%-10% at that time (i.e., the land use right transfer fee), and the cost of compensation will not exceed 5 figures.
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If the township property rights of the house transaction, the first party to get not all the property rights of the house, but only one of the property rights, that is, the right to use; If the policy changes, the right to use the house needs to be withdrawn, and the user must not violate and resist, so it is recommended that you do not participate in the purchase and sale of the township house.
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The land use rights owned by peasant collectives shall not be assigned, transferred or leased for non-agricultural construction, and the developer shall not use it for the development and construction of real estate without changing the nature of the land.
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Statutory no. But there are still many areas where Mai sells. There will be no clear explanation from the state.
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Lawyer Li answers: According to the relevant laws and regulations of China's real estate, the township level has no right to issue housing property rights. Therefore, buying a home with a township title will not effectively protect your legitimate rights and interests as a homeowner.
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In recent years, cities have continued to expand to the suburbs, and a large number of rural land and houses are facing demolition, and the expected benefits of rural homestead houses are getting bigger and bigger, so the purchase and sale of rural homestead houses has become an issue of concern to the masses. But in the end, can rural homestead houses be bought and sold? How to buy the law will be recognized?
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Legal analysis: Rural property rights can be bought and sold, and as long as the rural property rights houses have gone through the relevant approval procedures in accordance with the law, they are legal buildings, and the law allows rural collectives to build houses on collective land.
Legal basis: "Land Management Law of the People's Republic of China" Article 2 The People's Republic of China implements the socialist public ownership of land, that is, the ownership of the whole people and the collective ownership of the working people. Ownership by the whole people, i.e. ownership of state-owned land is exercised by *** on behalf of the state.
No unit or individual may occupy, buy, sell, or illegally transfer land in any other form. Land use rights may be transferred in accordance with law. The State may, for the sake of the public interest, expropriate or expropriate land in accordance with the law and provide compensation.
The State implements a system of paid use of state-owned land in accordance with the law. However, the State shall not allocate the right to use state-owned land within the scope prescribed by law.
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1. What is a township property right house, what is a township property right house, the so-called township property right house (also known as small property right house), refers to the farmer's collective land, by the township (town) ** or village committee that enjoys the ownership of the land alone or jointly developed and constructed by the real estate development enterprise, and by the township (town) ** or the village committee to make a house ownership certificate. This kind of house ownership certificate does not have the seal of the housing management department, only the seal of the township (town) ** or village committee to prove its ownership, so it is called township property rights.
2. Can I buy a township house?
1) Township houses are not illegal constructions. First of all, it should be made clear that as long as the relevant approval procedures have been completed in accordance with the law, the township property rights house is a legal building, and the law allows the village collective to build a house on the collective land. Therefore, it is not only that the township property is an illegal building, but that it is only due to some problems in the sales process and the conflict with the current laws and regulations that people mistakenly believe that it is an illegal construction.
2) Township property rights cannot be transferred to a third party who is not a member of the collective. According to the provisions of the "Land Management Law of the People's Republic of China", the right to use land owned by peasant collectives may not be assigned, transferred or leased for non-agricultural construction. However, rural homesteads are collectively owned, and villagers only have the right to use the homesteads, and the sale and purchase of houses sold by peasants to urban residents cannot be legally recognized and protected, and they cannot go through legal procedures such as land use certificates, real estate certificates, and deed tax certificates.
Therefore, the township property cannot be transferred or ** to a third party who is not a member of the collective. However, this does not mean that the township property cannot be transferred, but that the object of its transfer or sale is limited, and it can only be transferred and replaced within the collective members.
3. Is it forbidden to transfer township property rights housesThe township property rights houses cannot be transferred, but it does not mean that their transfer is absolutely prohibited. Since it is a house, it must be able to circulate and transfer in the secondary market, and the transfer method of township property rights is different from that of ordinary commercial housing, ordinary commercial housing is transferred in the construction committee, and township property rights houses are transferred in the township (town) ** or village committee, even if this transfer law is not recognized, but in practice the market is recognized, and its transaction costs are much lower than ordinary commercial housing.
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Generally speaking, a small property right house refers to a house built on rural collective land, which does not have a property right certificate issued by the state housing management department. Small property rights can only be transferred within the village collective, and cannot be given to people outside the village collective.
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