Small property rights, with real estate certificates, land certificates, can be bought and sold?

Generally speaking, "small property right house" is a house built on collective land, and according to the current policy, ** is generally not supported, and the property right certificate that can issue this kind of house can only be issued at the township level and village level, so it is "township property right house", also called "small property right house". The so-called small property rights issued by the township ** actually have no real property rights. This kind of house does not have a land use certificate and pre-sale permit issued by the state, and the land and housing management bureau will not file the purchase contract.

The so-called property right certificate is not a real legal and valid property right certificate. From the point of view, the township property is cheaper than the ordinary commercial housing, only 40% 60% of the commercial housing in the same location; From the perspective of housing form, it is the same as an ordinary residence; From the perspective of construction procedures, it belongs to the reconstruction of old villages or the construction of new villages, and there is no approval and management of the urban planning and construction committee management departments, and there is no supervision and inspection of the construction process. According to China's current laws, this kind of land can only be used for agricultural production or as a farmer's homestead, and the land use right may not be assigned, transferred or leased for non-agricultural construction.

What is the nature of the title deed and the land deed.

Legal analysis: Xiaobi with a land certificate can buy a property right house, but it cannot be listed and traded. In the case of no real estate certificate, although the two parties can sign a sales contract, there is a great risk due to the inability to go through the registration procedures, so it is recommended not to buy.

Legal basis: "Law of the People's Republic of China on the Management of Urban Real Estate" Article 60 The State implements a system of registration and issuance of certificates for land use rights and house ownership that leaks money.

Civil Code of the People's Republic of China

Article 209 The creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law. The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Article 215:Unless otherwise provided by law or otherwise agreed upon by the parties to the conclusion of a contract relating to the establishment, modification, transfer or extinction of real estate rights, the contract shall take effect upon the conclusion of the contract; If the property right is not registered, the validity of the contract shall not be affected.

1. Whether a small property right house with a land use certificate can be bought and sold A small property right house with a land use certificate can be bought and sold. Small-property rights houses refer to houses built on rural collective land, without applying for relevant documents, without paying land transfer fees and other fees, and their property rights certificates are not issued by the state housing management department, but by the township or village, also known as "township property rights housing". 2. Land use rights Land use rights refer to the rights of state organs, enterprises and institutions, farmers' collectives and individual citizens, as well as foreign-funded enterprises, who meet the legal conditions, to occupy, utilize, benefit from and dispose of state-owned land or farmers' collective land in accordance with legal procedures or agreements.

Land use right is a concept with a relatively large extension, and the land here includes the right to use agricultural land, construction land, and unused land. In January 2011, the news that "the land will be repossessed without compensation after the expiration of the use period" attracted the attention of all parties. Land use rights and land ownership are the most basic and important concepts in land regulations.

The right to use land is the legal embodiment of China's land use system, and the right to use state-owned land refers to the right of the user of state-owned land to use the land and obtain income in accordance with the law. The right to use collective land refers to the right of the user of collective land to use the land and obtain income in accordance with the law. The right to use collective land refers to the right of the user of collective land to use the land and obtain income in accordance with the law.

Farmers' collective land use rights can be divided into agricultural land use rights, homestead land use rights, and construction land use rights. The right to use agricultural land refers to the right to use land for members of rural collective economic organizations or units and individuals other than rural collective economic organizations engaged in planting, forestry, animal husbandry and fishery production. The right to use homestead land refers to the right to use the residential land of rural villagers.

The right to use construction land refers to the right to use land for the construction of township (town) enterprises and township (town) village public facilities and public welfare undertakings set up by rural collective economic organizations. In accordance with the provisions of the Land Management Law, the right to use agricultural land is obtained through the conclusion of a contract between the contract issuing party and the contracting party. The right to use homestead land and the right to use construction land shall be obtained through the application of land users and the approval of the people at or above the county level in accordance with the law.

When buying and selling small property rights, we need to master and learn the legal knowledge and legal system about small property rights to prevent unnecessary troubles and serious losses. However, what we need to clearly understand is that when buying and selling small property rights, we must have a land use certificate and a ** permit issued by the state.

No, the sale and purchase of small property rights in our country is not protected by law. Small property rights refer to the construction of houses on rural collective land, without paying land transfer fees and other related fees, and its property rights certificate is not issued by the state housing management department, but by the township ** or village **, so it is also called township property right house.

According to Article 13 of the Land Management Law of the People's Republic of China, rural homesteads are collectively owned, and villagers only have the right to use the homesteads. Therefore, the small property right house cannot be transferred or replaced to a third party who is not a member of the collective, and can only be transferred or replaced within the collective member.

Can I take out a loan to buy a small property?

No, because small property rights refer to houses built on rural collective land, without paying land transfer fees and other fees, and their property rights certificates are not issued by the state housing management department, but by the township ** or village **, also known as "township property rights house". "Small property right house" is not a legal concept, but a conventional title formed by people in social practice. This type of house does not have a land use certificate and pre-sale permit issued by the state, and the purchase contract will not be filed with the Land and Housing Administration.

The so-called property right certificate is not a real legal and valid property right certificate. The emergence of small property rights is inseparable from the soaring price of urban housing prices, and it has become a hot spot of social concern since 2007, when housing prices entered a rapid year. In accordance with the relevant requirements of the state, "small property rights houses" shall not be confirmed and issued certificates, and are not protected by law.

Article 19 of the Law on the Management of Urban Real Estate Judgment on the Mu Base.

All the fees for the transfer of land use rights shall be handed over to the treasury and included in the budget for the construction of urban infrastructure and land development. The specific measures for the handover and use of land use right transfer fees shall be prescribed by ***.

Can you buy a small property right house built in a village?

No. Rural homesteads belong to collective ownership, and people in the same village can apply for exchange and distribution, but cannot buy or sell.

Land Administration Act

Article 11 stipulates that 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.

Legal basis.

1. Whether small property rights can be auctioned judicially.

The court generally does not forcibly auction small property rights at the time of enforcement. However, in the case that such a property still has use value, that is, when the landlord has the right to collect rent, the court can auction this part. That is, small property rights only have the right to use, not ownership.

However, small property rights houses have use value, so some courts do not violate the law when dealing with the right to use small property rights.

2. Is it possible to buy a small property right house?

It is possible to buy a small property, but it is risky. Small property rights are the first of some village collective organizations or developers in the name of new rural construction. Small-scale property rights houses built on collective land are generally houses built on collective land, which does not mean that there is no real estate certificate.

Its certificate book is generally a small green book, but after 2010, some places are red big books, but they are generally stamped by the township **, not the real estate bureau. There is no land certificate for small property rights. It cannot be transferred, and it can be negotiated to buy and sell, which is risky.

3. The difference between small property rights and commercial housing.

First of all, conceptually speaking, small property rights are not a legal concept, but a concept formed by social practice for a long time. Secondly, small property rights do not have a real estate certificate, while commercial houses have real estate certificates; Then, as far as house demolition is concerned, commercial housing can be demolished and resettled with the highest compensation for demolition and resettlement, while small property rights cannot; In addition, small property rights cannot be registered and mortgaged, so there is no mortgage and other rights; Commercial housing can be mortgaged.

Article 12 of the Land Management Law of the People's Republic of China states that the registration of land ownership and use rights shall be carried out in accordance with the laws and administrative regulations on the registration of immovable property. The ownership and use rights of land registered in accordance with the law are protected by law and may not be infringed upon by any unit or individual.