The unit has a real estate certificate, but there is no land certificate, can it be transferred?

The transfer of ownership requires a real estate certificate and a land certificate, and only the real estate certificate cannot be transferred without a land certificate, and the land certificate must be completed first. However, at present, the registration of real estate has been uniformly implemented, and the real estate certificate and land certificate are no longer issued separately, in this case, the seller's real estate certificate must be completed before the transfer of ownership.

As long as you have a title deed, you should be fine.

Provisions for the transfer of ownership of the house:

The buyer and seller of real estate put into use shall sign a real estate sales contract, and the text of the contract can use the model text formulated by the Housing and Land Management Bureau, or the self-made contract;

If a self-made contract is used, the parties shall entrust a legal service agency recognized by the Municipal Real Estate Bureau to conduct a pre-examination before applying for the transfer, and the legal service agency shall submit a pre-examination qualification opinion on the self-made contract that meets the requirements.

After the municipal, district and county real estate transaction management agency accepts the transfer application, it shall review the application and transfer materials provided by the buyer and the seller, and the review content is as follows:

whether the materials provided by the parties are legal and valid;

Whether the content filled in the application form is consistent and correct with the materials provided;

whether the ownership of the real estate is clear, whether there are any ownership disputes or other rights are unclear, and whether it falls within the scope of the "Measures for the Transfer of Real Estate";

whether the transferee can transfer the real estate in accordance with the regulations;

whether the real estate being bought or sold is encumbrated;

whether the lessee waives the right of first refusal when buying or selling leased real estate;

whether the co-owner waives the right of first refusal in the purchase and sale of co-owned real estate;

Other content that the real estate transaction management agency deems should be reviewed.

Legal analysis: Only the real estate certificate can not be transferred without the land certificate. The title deed and the land deed are also proof that the owner owns the property and the right to use the land, which are inseparable.

Legal basis: "Law of the People's Republic of China on the Management of Urban Real Estate" Article 60 has been transferred or allocated to obtain the right to use land, shall apply to the local people's ** land management department at or above the county level for registration, verified by the local people's ** land management department at or above the county level, by the people at the same level ** issued a certificate of land use right, in accordance with the law to obtain a house on the real estate development land, shall be flat land use right certificate to the local people's ** real estate management department at or above the county level to apply for registration, The real estate management department of the local people's ** at or above the county level shall verify and issue the certificate of ownership of the house.

In the case of real estate transfer, it shall apply to the local people's ** real estate management department at or above the county level for registration of real estate change, and apply to the people's ** land management department at the same level for registration of change of land use right with the changed house ownership certificate, and the people's ** land management department 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. Therefore, the transfer must not only have a house ownership certificate, but also a land use right certificate.

Legal basis: Wild potato "People's Republic of China Real Estate Management Law" Article 61 to obtain land use rights by way of transfer or allocation, shall apply to the local people's ** land management department at or above the county level for registration, by the county-level to Song Qiao on the local people's ** land management department verification, by the same level of the people** issued a certificate of land use rights.

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

Bungalows do not have a land use certificate can be submitted by the owner of the land to the land administrative departments at the county level where the land is located, and the county-level people's first registration register, issue a collective land ownership certificate, and confirm ownership.

Legal basis

Article 11 of the Land Management Law: The land owned by the peasant collectives shall be registered by the people at the county level, and the certificate shall be issued to confirm the ownership. If the land owned by the peasant collectives is used for non-agricultural construction in accordance with the law, the county-level people's first registration shall be made, and a certificate shall be issued to confirm the right to use the land for construction.

State-owned land used by units and individuals in accordance with the law shall be registered by the people at or above the county level, and certificates shall be issued to confirm the right to use.

Summary. Hello, it's a pleasure to serve you! The property ownership certificate indicates that the nature of the land is state-owned, but the transfer cannot be done without the land certificate.

Hello, it's a pleasure to serve you! The property ownership certificate indicates that the nature of the land is state-owned, but the transfer cannot be done without the land certificate.

Legal analysis: There is a real estate certificate, and there is no land certificate, and the branch can be transferred. When handling the real estate transfer procedures, the parties must provide ID cards, real estate certificates, land certificates, tax clearance certificates and other information, and the real estate without the land certificate cannot be registered for the transfer procedures. The property right certificate generally refers to the house ownership certificate, specifically including the house ownership certificate and the land use right certificate, but in some places it may also be the real estate right certificate issued by the housing management department and the land management department.

In the whole process of buying a house, the application for real estate warrants is the most critical link.

Legal basis: Article 5 of the Provisions on the Administration of Urban Real Estate Transfer: When real estate is transferred, the ownership of the house and the land use right within the scope occupied by the house shall be transferred at the same time. Sixth of the following real estate shall not be transferred: (A) to obtain the right to use the land by way of transfer, but not to meet the conditions of 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; (F) Xinghuai is not registered in accordance with the law to receive the ownership certificate; (7) Other circumstances where laws or administrative regulations prohibit transfer.

Summary. Hello dear! Under normal circumstances, the property ownership certificate indicates that the nature of the land is state-owned, and the land certificate is required to handle the transfer. Without a land certificate, the right to use the land cannot be proven, and the transfer process may be restricted or cannot proceed. <>

Hello! Hello, pro-Zaoshi! Under normal circumstances, the property ownership certificate indicates that the nature of the land is state-owned, and the land certificate is required to handle the transfer. Because without a land certificate, the company is unable to prove the right to use the land, and the transfer process may be restricted or unable to proceed. Qimu <>

Hello! According to Article 10 of the Property Law of the People's Republic of China, the owner of a house has the right of priority to acquire the land he owns. At the same time, Article 17 stipulates that the registration of immovable property is a legal system for confirming the relationship between real estate rights and facts.

In other words, the ownership of the house needs to be registered in the real estate register in order to be legally protected. <>

Hello, I am an old house before the two dry Qitan years, and I applied for the real estate certificate at that time and paid the land transfer fee. I have the documents for the transfer of the land at that time, please ask me what to do?

Hello! If you are an old house two years ago, and you have already applied for the real estate certificate and paid the transfer fee for the sedan chair, then you should look for relevant materials, including the real estate certificate, land transfer receipt, agreement, etc., and consult the local real estate and land management department to understand the specific situation. This information can be used as the basis for your application for a land certificate.

In the process of applying for the land certificate, it may be necessary to provide relevant materials and proofs, such as the completion and acceptance certificate of the house, the underground pipeline diagram, the land use right transfer contract and other materials. <>

According to the relevant laws and regulations of our country, only the property certificate of Fangtan Town and the house without the land certificate cannot be transferred. The title deed and the land deed are proof that the owner owns the property and the right to use the land, and the two are inseparable. If there is only one certificate and there is no other certificate, it will not be sold to handle the transfer.

Moreover, the lack of a land certificate will bring risks to the rights and interests of buyers. The absence of a land certificate means that the owner does not have the right to use the land, so the owner will not be able to protect his legitimate rights and interests when the land is encroached upon. 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 own 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 complete rights.

Civil Code of the People's Republic of China

Article 397.

If the building is mortgaged, the right to use the construction land within the scope occupied by the building shall be mortgaged together. If the right to use the land for construction is mortgaged, the buildings on the land shall be mortgaged together.

Where the mortgagor does not mortgage together in accordance with the provisions of the preceding paragraph, the property that has not been mortgaged shall be deemed to be mortgaged together.

Without a land certificate and a real estate certificate, Hu Lifan is unable to go through the transfer procedures, especially now that they are all real estate property certificates that are two certificates in one, and neither of these two certificates can go through the transfer procedures.

1. If the land use certificate is lost, then you need to apply for the land use certificate first, and then go through the transfer procedures. You need to apply to the local land and resources bureau for a reissue first, and then publish the declaration of the land certificate, and if there is no objection, a new land use certificate will be issued to you. The whole process lasts about one and a half months.

2. If it did not go through the formal and legal approval process when it obtained the land, then it is an illegal land acquisition, which is not known to be difficult and can not be transferred, and once discovered, it will face the risk of being repossessed.

Only the real estate certificate and no land certificate generally do not occur, because the land use right certificate should be applied for when the real estate certificate is processed. Therefore, under normal circumstances, Qihe can handle the transfer of real estate by submitting the real estate certificate and other supporting materials. According to Article 16 of the Provisional Regulations on the Registration of Immovable Property, the applicant shall submit the following materials and be responsible for the authenticity of the application materials:

a) Application for Registration; 2) Identification materials and power of attorney of the applicant and the first person; 3) Relevant real estate ownership certificates, registration reason certificates, and real estate ownership certificates; (4) Materials such as the site, spatial boundaries, and area of immovable property; (5) Explanatory materials on the interests of others; (6) Other materials provided for by laws, administrative regulations, and detailed rules for the implementation of these Regulations.