On the issue of title deeds and land deeds for collective land

1. For the transfer of houses built on collective land, if it is a residential house, the transferee can generally only be an individual who has the conditions for applying for the construction of a residential house within the scope of the township (town) where the house is located, and the scope of transfer is generally limited to farmers with local rural household registration.

2. Therefore, even if you trade privately, it will not have any effect, and without the property right certificate, the sales relationship will be invalid.

3. The villagers did not have a real estate certificate when they bought it. Because the land is collective.

Article 63 of the Land Management Law of the People's Republic of China stipulates that "the right to use land owned by peasant collectives shall not be assigned, transferred or leased for non-agricultural construction." ”

So: pass **, pass the land first"Levied"becomes state-owned land, and you pay a land transfer fee to ** to obtain the right to use the land!!

As for the compensation for demolition:

If the land is collective land, then the collective (village or town organization) should have a unified land certificate. When the state expropriates land, the compensation will be distributed to the village, and the village will then distribute it to each household. If so, you can rest assured.

If the land itself is state-owned (in the city), who owns it now? Is there anyone else who holds the land certificate for this land? If you are a user of the land and there are no other disputes, the land department should give you a replacement land certificate.

The real estate certificate of the house is generally only available for commercial housing.

What is commercial housing, that is, the land is first nationalized, and then the state transfers it to the developer, so that the right to use the land is clear. In this way, basically only houses in the city have real estate deeds.

Your property in the town is not yet a commercial house, and there is no title deed.

As you said, it's collective land, and you don't have a separate fixed right of use.

There must be compensation for demolition, you don't have to worry about this.

It is not only the house demolition certificate that can be compensated, the houses in the countryside do not have the property ownership certificate, only the house foundation certificate, but the demolition is also compensated.

The house is yours, and you still have the title deeds and contracts, which are equivalent to the foundation deeds. There must be compensation.

No problem, don't worry, it's just a matter of how much to compensate.

Legal analysis: The collective land construction land use certificate is a land use certificate, not a real estate certificate, the land use certificate is a proof of land use, and the real estate certificate is a proof of house property rights. Rural construction requires permission for homestead construction, and if you build a house without permission, you may not be able to obtain a land use certificate.

Generally speaking, a village is a collective, and the ownership of land in a village is owned by the village organization. The people at the county level shall confirm the ownership of the land owned by the village organization and issue a collective land ownership certificate. The village collectives then distribute the land to the villagers, and the rural areas generally use it to say that they have the ownership of the land, but in fact it is only the right to use, but this right of use is different from the right to use state-owned land, and it has no term.

Legal basis: Article 4 of the Regulations for the Implementation of the Land Management Law of the People's Republic of China Farmers collectively owned the land, by the landowner to the land at the county level where the land is located to submit an application for land registration, by the county-level people's registration register, issue a collective land ownership certificate, confirm ownership. If the land owned by the peasant collective is used for non-agricultural construction in accordance with the law, the land user shall submit an application for land registration to the county-level people's land administrative department where the land is located, and the county-level people's land shall register and issue a certificate of collective land use right to confirm the right to use construction land.

The people of cities divided into districts may implement unified registration of the land collectively owned by farmers within the municipal area.

1. The certificate of use of land for collective land construction is not a real estate certificate and the homestead use certificate is used in rural areas, and does not belong to the ownership certificate, but it is evidence that can prove who is the owner of the property. II[Legal basis].Article 9 of the Land Management Law states that the land in urban areas belongs to the state.

Land in rural areas and on the outskirts of cities shall be owned by peasant collectives, except as provided by law for the State; Homesteads, self-cultivated land, and self-cultivated mountains belong to peasant collectives.

Legal analysis: 1. For the transfer of houses built on collective land, if it is a residential house, the transferee can generally only be an individual who has the conditions for applying for residential housing construction within the township (town) where the house is located, and the scope of transfer is generally limited to farmers and nomads with local rural household registration.

2. Therefore, even if you trade privately, it will not have any effect, and without the property right certificate, the sale and purchase relationship will be invalid.

3. The villagers did not have a real estate certificate when they bought the grandson. Because the land is collective.

Legal basis: Land Management Law of the People's Republic of China Article 63 The right to use land owned by peasant collectives shall not be assigned, transferred or leased for non-agricultural construction.

Legal analysis: The process of handling the rural housing property right certificate is as follows: (1) The applicant submits the following materials to apply:

2) Acceptance, after submitting the materials required for the handling of the rural real estate certificate, the staff will accept (3) Announcement 4) Review 5) Fees 6) Recorded in the register 7) Issuance of the certificate.

The basis of the law of the Great Burial of the Eggplant:

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 housing ownership.

Article 61 To obtain land use rights by way of transfer or allocation, an application for registration shall be made to the local people's land management department at or above the county level, and the land use right certificate shall be issued by the people at the same level after verification by the local people's land management department at or above the county level.

If a house is built on the land for real estate development obtained in accordance with the law, it shall apply for registration with the local people's real estate management department at or above the county level with the land use right certificate, and the local people's real estate management department at or above the county level shall verify and issue a house ownership certificate.

When the 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 the registration of real estate change, and apply to the people's ** land management department at the same level for the registration of land use right change with the changed house ownership certificate, and the people 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.

Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws.

The nature of collective land is not to apply for a real estate certificate, because it is not an individual property right, but a collective property right. The rural collective land certificate can handle the real estate certificate, and the collective land house ownership certificate is a small property right, which is different from the state-owned land house ownership certificate handled on the state-owned land.

Houses should be registered in accordance with the basic unit. The basic unit of a house refers to a house or a specific space with a wide and fixed boundary, which can be used independently and has a clear and rare number (building number, room number, etc.). The houses of villagers within the scope of collective land shall be registered with the independent buildings on the homestead as the basic unit; Villagers' houses built on the homestead of the co-owned Shennu Tong are registered as the basic unit of the part with fixed boundaries such as suites and rooms.

Villagers' houses built with homestead land in accordance with the law and houses built with other collectively owned construction land in accordance with the law may apply for housing registration in accordance with the provisions of these Measures. If you apply for the initial registration of house ownership due to the legal construction of a house, you can apply with all the materials.