Private house has a real estate certificate and no land certificate Can this house be bought and sol

According to the law, when the land use right is transferred, the ownership of the above-ground buildings and other attachments is transferred, and when the land user transfers the ownership of the above-ground buildings and other attachments, the land use rights within the scope of its use are also transferred. The title deed and the land deed are inseparable. From a legal point of view, the real estate 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.

Only the real estate certificate without the land use right certificate will inevitably bring risks to the purchase and transaction of residential real estate.

First, it is difficult to know the situation of creating a mortgage on the land use right, so it is impossible to avoid risks in time.

Second, it is difficult to discover the fact that the developer is using the land in violation of regulations.

Third, second-hand housing transactions will be affected. The Urban Real Estate Management Law stipulates that real estate listing transactions must present a house ownership certificate and a state-owned land use right certificate.

Fourth, it will suffer losses when compensating for demolition. Article 3 of the Guiding Opinions on the Valuation of Urban Housing Demolition stipulates that the assessment of housing demolition is the real estate market of demolished houses. Therefore, the compensation for demolition and relocation includes not only the value of the ownership of the house, but also the value of the land use right.

If the buyer does not apply for the land use right certificate, he may not be able to obtain the corresponding compensation for the land use right during the demolition process.

I cannot buy it.

A house with a real estate certificate and no land certificate can not be bought, and when buying a house with only a real estate certificate and no land certificate, when going through the real estate transfer procedures, the parties must provide the real estate certificate, land certificate and deed tax certificate, otherwise the transfer cannot be made. Therefore, if people buy a house with a title deed but no land deed, the transfer will definitely be rejected. If the transfer of ownership cannot be completed, the buyer will not be able to settle down.

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.

Legal analysis: only the real estate certificate can not be transferred without the land certificate, and the general transfer needs to meet the requirements of the transfer.

Housing and land are an inseparable whole, and the legitimate rights and interests of the property owner can only be effectively protected if the certificate is issued and registered and the two rights subjects are consistent. The land certificate is a legal certificate for the land right holder to have the right to use the land in accordance with the law, and a house should have the house ownership certificate and the land use right certificate, because only when the two certificates are complete, the buyer can be regarded as having a complete right.

According to the relevant laws and regulations, the creation, alteration, transfer and extinction of immovable property rights shall be registered in accordance with the provisions of the law, and shall take effect when they are recorded in the immovable property register.

Legal basis: "Provisions on the Administration of Urban Real Estate Transfer" Article 6 The following real estate shall not be transferred: (1) the land use right is obtained by way of transfer but does not meet the conditions specified in Article 10 of these provisions; (2) Where judicial or administrative organs make rulings in accordance with law and decide to seal up or otherwise restrict real estate rights; (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.

There is a real estate certificate and no land certificate, such a house can be bought and sold, but it cannot be transferred. When going through the real estate transfer procedures, the parties must provide the real estate certificate, land certificate and deed tax certificate and other documents, and the purchase of a house with only the real estate certificate and no land certificate cannot be transferred.

1. Can you change your name before the real estate certificate comes down?

The head of the household cannot be changed before the real estate certificate is issued, that is, the ownership cannot be transferred or the name can be changed. It is necessary to apply for the real estate certificate first, and the mortgage has been paid off, and the mortgage can be revoked before the transfer procedures can be handled. Without a real estate certificate, only the purchase contract cannot be changed, because it has been filed with the housing authority, and the real estate certificate will still be in the name of the original owner in the future.

2. What are the new regulations for the transfer of real estate to children?

New regulations for the transfer of real estate to children: the transfer of housing requires the owner to obtain the property right of the house, have the real estate certificate, deed tax certificate, land certificate, housing loan repayment, and no mortgage. The above procedures for transporting socks are complete, and the housing transfer procedures can be handled at any time.

You can have the real estate certificate registrant, the co-owner and the son, together with their respective ID cards, household registration booklets, marital certificates, and the above three certificates of housing, to apply for the transfer of ownership to the housing management department to which the house belongs.

3. How to transfer ownership without real estate certificate?

A house without a real estate certificate cannot go through the transfer procedures, because to apply for a transfer to the real estate transaction management department, the real estate certificate must be provided, otherwise the application will not be approved, and the request for transfer will also be rejected due to the lack of the real estate certificate.

The Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property stipulate that the following materials shall be submitted according to different circumstances for the registration of the transfer of ownership of houses:

1) Certificate of ownership of immovable property;

2) Contracts of sale, exchange, and gift;

3) Materials inherited or bequeathed;

4) Split or merger agreements;

5) Legal documents effective by the people's courts or arbitration commissions;

6) The approval documents of the people** or the competent department with the right to approve;

7) Proof of payment of relevant taxes and fees;

8) Other necessary materials.

If the immovable property sales contract shall be filed in accordance with the law, the applicant shall submit the recorded sales contract when applying for registration.

Article 7 of the Administrative Measures for the Sales of Commodity Housing.

Commercial housing for sale shall meet the following conditions:

1) The real estate development enterprise of the commercial housing for sale shall have the business license of the enterprise legal person and the qualification certificate of the real estate development enterprise;

B) to obtain a certificate of land use rights or approval documents for the use of land;

3) Hold a planning permit and a construction permit for construction work;

4) has passed the completion acceptance;

5) Demolition and resettlement have been implemented;

6) Water supply, power supply, heating, gas, communications and other supporting infrastructure have the conditions for delivery and use, and other supporting infrastructure and public facilities have the conditions for delivery and use or have determined the construction schedule and delivery date;

7) The property management plan has been implemented.

You can go to the real estate registration certificate first.

The parties can take the land certificate and your relevant documents to the housing authority to apply for the house ownership certificate.

The specific process is as follows:

1) Register to receive the mail. The first step in the registration process is to register the receipt. The receipt of registration indicates that the competent authority accepts the application of the property owner to assert rights.

Therefore, the property owner must fill in the application form and submit the relevant certificates and certificates for inspection; If the registration requirements are met after review, it shall be received. That is, the application is accepted, and the relevant certificates and certificates that need to be further examined are stored.

2) Draw warrants. For the real estate applied by the applicant, after the examination and confirmation that the property right certificate can be issued, it should be transferred to the stage of making the right certificate in a timely manner. The main work at this stage is to draw the title documents that should be issued.

3) Property rights review. After careful and meticulous on-site investigation and measurement and mapping, and all the actual information of the house is mastered, it can be transferred to the property right destruction review. The property rights examination is based on the historical data of the property rights file and the actual data of the field investigation and survey, based on the current policies, laws and relevant administrative regulations of the state, and carefully examines the whole complex and meticulous work process of the house property rights submitted by the applicant, house by house, house by building, and whether the property rights transfer and housing changes are legal.

It should be noted that the property right examination here is a comprehensive and more detailed property rights review, which is the property right examination after the survey and drawing of the registration receipt.

4) Fee issuance. It is the last procedure in the registration and issuance of property rights, which requires that the registration fees receivable be collected and deposited in the treasury, and the warrants that should be issued are issued to the owners. Before issuing the title certificate, it is necessary to comprehensively check whether there is any error in the warrant that should be issued and whether the deed tax has been paid.

5) Survey drawing. It is to conduct on-the-spot surveys of the real estate that has applied for property rights registration house by house and place by place, find out the current status of the premises, measure and calculate the area, verify the ownership of the wall, draw the hill plan, and supplement or repair the house floor plan, so as to provide a basis for the comprehensive review of property rights and the issuance of drawing certificates.

If you have a land certificate without a property ownership certificate, you can reapply for it, and if you don't have a property ownership certificate, it may bring unnecessary trouble to the occupants of the house, so it's better to reapply for it as soon as possible.

If the "House Sale and Purchase Contract" signed by both parties is legal and valid, then the land use right within the scope of the house shall be transferred to the buyer along with the ownership of the house. At present, the housing and land management departments in various places have inconsistent practices for the transfer of housing sales: some only need to go through the procedures for the transfer of housing property rights and obtain a new housing ownership certificate; Some also need to go through the procedures for the transfer of land use rights and obtain a new land use right certificate.

However, in any case, according to the principle of non-separation of housing and land, the land use right within the scope of the house should be transferred together with the sale and purchase of the house. That is to say, as long as the house sale contract is legal and valid, then it can be bought and sold without a land certificate.

1. What is the difference between a real estate title certificate and a real estate certificate?

In addition to the original contents of the real estate certificate, such as the right holder, co-ownership, and location, the real estate certificate also adds the laser area (anti-counterfeiting laser label), the real estate unit number, the period of use, etc.

1. The real estate unit number has a unique **, which is equivalent to the unique ID number of the real estate recorded in the certificate nationwide, and the real estate information can be locked through the real estate unit number. In contrast, the inner page of the real estate certificate only includes the owner of the house, the common situation, the location of the house, the time of registration, the nature of the house, the planned use, the condition of the house and the status of the land.

2. Although the real estate certificate and the real estate certificate are the most direct proof of the house, but these two documents still have different ties, relatively speaking, the real estate certificate is more detailed than the property right content of the real estate certificate, and the real estate certificate has a clear provision on the service life, and the start and end dates of the Ming Collapse Branch, as well as the house **, so that the transaction is transparent and clear.

3. The issuing authority of the real estate property certificate and the real estate certificate is different, and the real estate registration agency is determined by the people at or above the county level in accordance with the law, and is responsible for the real estate registration department, and its seal is the official seal of the registration agency, and the real estate certificate is the official seal of the local people.

2. After receiving the new real estate ownership certificate, is the original certificate still useful?

In accordance with the principle of unchanged and non-exchanged, after the implementation of the unified registration of immovable property, the certificates of rights to land and houses issued by the original registration agency in accordance with the law and the registration books made by the registration office shall continue to be valid, and the rights shall not change. In other words, according to the principle of no change and no change, the original certificate, that is, the old real estate certificate, is still valid.