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Anonymous users2024-02-06It is unreasonable that the property owner of the land use right is subject to the name registered on the land use certificate, so after signing the land use right transfer agreement, it is necessary to hurry up to the land department to handle the transfer of the land use certificate. The relevant situation of the transfer of the right to use the state-owned land.
1. The validity period of the contract for the transfer of state-owned land use rights shall not exceed the land use period actually enjoyed by the transferor.
2. The contract for the transfer of state-owned land use rights not only transfers the rights of the transferor, but also transfers the obligations of the transferor under the land use right transfer contract to the transferee.
3. The transfer of the right to use state-owned land shall take effect after the registration of the transfer of the right of use. After the contract for the transfer of land use rights is concluded, the transferor has the obligation to transfer its land use rights to the transferee, but the transfer of land by the transferor to the transferee for possession cannot take effect. Due to the transfer of land use rights as a change in real estate rights, the parties concerned must go through the transfer registration procedures.
The land use right shall be transferred to the transferee only after the transfer of ownership has been registered.
4. If the land use right is transferred in accordance with the land use right transfer contract, the ownership of the buildings and other attachments on the land within the scope of its use shall also be transferred, except where the above-ground buildings and other attachments are transferred as movable property.
5. If the land use is changed after the transfer of the land use right, the consent of the original land use right transferor and the urban planning administrative department shall be obtained, and the land use fee shall be adjusted accordingly.
6. The transferee of the land use right transfer contract shall pay the price according to the time agreed in the contract, except for the free transferee. The transferee shall go through the registration procedures for the transfer of land use rights in a timely manner, and no matter how the land use rights are transferred, the transferee shall bear the relevant costs of handling the registration procedures for the transfer of land use rights and other expenses related to the transfer of rights.
Article 19 of the Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights.
The transfer of land use rights refers to the re-transfer of land use rights by land users, including **, exchange and donation. Where land is not invested in the development or utilization of land in accordance with the time limit and conditions stipulated in the land use right transfer contract, the land use right shall not be transferred.
Article 24.
The owner or co-owner of the above-ground building or other attachments shall enjoy the right to use the land within the scope of use of the building or attachment. When a land user transfers the ownership of above-ground buildings and other attachments, the land use rights within the scope of its use shall be transferred accordingly, except where the above-ground buildings and other attachments are transferred as movable property.
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Anonymous users2024-02-05Legal analysis: Procedures for the transfer of land use right certificates: The parties to the house buyer and seller or the heirs of the house shall submit an application for registration of the change of homestead use right to the local county or city land management department with the copies of the ID cards of both parties, the household registration book, the certificate of the collective land use right, the certificate of the village committee and the qualification review opinions of the village committee on the current land user.
Legal basis: "Land Management Law of the People's Republic of China" Article 62 A rural villager household can only own one homestead land, and the area of the homestead must not exceed the standards prescribed by the province, autonomous region or municipality directly under the Central Government. In areas where per capita land is small and it is not possible to guarantee that a household has a homestead land, the people at the county level may, on the basis of fully respecting the wishes of rural villagers, take measures to ensure that rural villagers have a place to live in accordance with the standards set by provinces, autonomous regions, and municipalities directly under the Central Government.
Rural villagers building houses shall conform to the overall land use plan and village plan of the township (town), shall not occupy permanent basic farmland, and shall use the original homestead land and vacant land in the village as much as possible. The preparation of township (town) land use plans and village plans shall make overall plans and reasonable arrangements for homestead land to improve the living environment and conditions of rural villagers. The residential land of rural villagers shall be reviewed and approved by the people of the township (town); Among them, where the occupation of agricultural land is involved, the examination and approval formalities shall be handled in accordance with the provisions of Article 44 of this Law.
Rural villagers who sell, lease, or donate their dwellings and then apply for homestead land shall not be approved. The State allows rural villagers who have settled in urban areas to voluntarily withdraw from their homesteads with compensation in accordance with the law, and encourages rural collective economic organizations and their members to revitalize and utilize idle homesteads and idle residences. The competent departments of agriculture and rural affairs are responsible for the work related to the reform and management of rural homesteads nationwide. Knowledge.
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Anonymous users2024-02-04Article 25 of the Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights (Order No. 55 of May 19, 1990) stipulates that the transfer of ownership of land use rights and above-ground buildings and other attachments shall be registered in accordance with the regulations. Article 39 of the Land Registration Measures (Decree No. 40 of the Ministry of Land and Resources on December 30, 2007) stipulates that if the right to use state-owned construction land obtained by way of transfer, lease of state-owned land, capital contribution or shareholding is transferred in accordance with the law, the party concerned shall apply for registration of the change of the right to use state-owned construction land with the original state-owned land use certificate and relevant supporting materials for the transfer of land rights.
According to Article 19 of the Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights, the transfer of land use rights refers to the re-transfer of land use rights by land users, including **, exchange and donation. If the transferee does not change the use of the land, the rights and obligations specified in the land use right transfer contract and registration documents shall be transferred accordingly in accordance with the provisions of Article 11 of Article 11 of the Regulations. If the transferee wants to change the use of the land, in accordance with the provisions of Article 18 of the Regulations, it shall obtain the consent of the transferor and obtain the approval of the land management department and the urban planning department, sign a new contract for the transfer of land use rights in accordance with the relevant provisions of this Chapter, adjust the transfer fee for land use rights, and go through the registration process.
The transferor and the original land use right holder may adjust the land use right transfer fee before going through the transfer registration formalities.
1. Can the land use right be transferred?
The transfer of land use rights refers to the act of re-transferring land use rights by land users, including **, exchange and gift. Where the land is not invested and developed in accordance with the time limit and conditions stipulated in the land use right transfer contract, and the land is utilized, the land use right shall not be transferred. A transfer contract shall be signed for the transfer of land use rights.
When the land use right is transferred, the rights and obligations specified in the land use right transfer contract and registration documents are transferred accordingly, and when the land use right is transferred, the transfer of ownership of the above-ground buildings and other attachments shall be registered in accordance with the regulations. The division and transfer of land use rights and the ownership of above-ground buildings and other attachments shall be approved by the municipal and county people's land management departments and real estate management departments, and the transfer registration shall be handled in accordance with the law. The transfer of land use rights must comply with the above provisions, otherwise it will be an illegal transfer.
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Anonymous users2024-02-03Legal Analysis:1Application.
The land user shall fill in the application form for change of land registration, explaining the basis for the change and the content of the change. 2.Change of cadastral survey.
According to the content of the land user's land change registration application, the project conducts field investigation, reviews the ownership, and conducts cadastral key group survey.
Legal basis: "Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights" Article 18 The consent of the transferor shall be obtained and approved by the land management department and the urban planning department, in accordance with the relevant provisions of this chapter to re-sign the land use right transfer contract, adjust the land use right transfer fee, and go through the registration. The transferor and the original land use right holder may adjust the land use right transfer draft and then go through the transfer registration procedures.
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