Rural real estate ownership confirmation registration, rural housing ownership confirmation procedur

Legal analysis: When confirming the ownership of rural houses, it is generally necessary to provide necessary materials such as the right to use the homestead, the real estate boundary, and the area. Rural houses are built on rural homesteads, and rural houses have complete formalities and can be registered as real rights, while in real life, there are many disputes over the property rights of rural houses, and when there is a dispute, it is necessary to confirm the rights, and the Civil Code requires valid documents for the confirmation of rural houses.

Legal basis: 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 210 The registration of immovable property shall be handled by the registration authority where the immovable property is located. The State implements a unified registration system for immovable property. The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.

Article 211: When a party applies for registration, it shall provide proof of ownership and necessary materials such as the boundary address and area of the immovable property based on the different registration items.

Article 234:Where a dispute arises over the ownership or content of a real right, the interested parties may request confirmation of the right.

Legal analysis: The confirmation of the right to use rural homesteads refers to the right of rural residents to occupy and use the collective land for the purpose of building their own residential houses. The right to use rural homesteads can only be obtained by those who have the qualifications to be members of the collective economic organization, and to a large extent have the function of welfare and social security.

Legal basis: "Land Management Law of the People's Republic of China" Article 10 State-owned land and land owned by peasant collectives may be determined for use by units or individuals in accordance with law. Units and individuals using land have the obligation to protect, manage, and rationally use land.

The purpose of registration is mainly to provide rural house owners with the guarantee of occupying, using, earning, and disposing of all houses in accordance with the law. In the event of a dispute, it is also beneficial to resolve the dispute under the circumstance that the property right registration is clear. According to the provisions of Paragraph 1 of Article 62 of the Land Management Law, a rural villager household can only own one homestead land, and the area of the homestead shall not exceed the standard set by the province, autonomous region, and municipality directly under the Central Government.

According to Article 217 of the Civil Code, which came into effect on January 1, 2021, the certificate of ownership of immovable property is proof that the right holder enjoys the right to the immovable property. The matters recorded in the certificate of ownership of immovable property shall be consistent with the registration of immovable property; In the event of inconsistencies in the records, the immovable property register shall prevail unless there is evidence to prove that there is an error in the immovable property register.

Article 62 of the Land Management Law Article 62 A rural villager household may only own one homestead land, and the area of the homestead shall not exceed the standards prescribed by provinces, autonomous regions and municipalities 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 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 for compensation in accordance with the law, and encourages rural collective economic organizations and their members to revitalize and use idle homesteads and dwellings.