-
Something different to prove.
The land use certificate is a document that proves that you have the right to use the land, and the real estate certificate is a document that proves that you have the right to use the house, and the rights you have are different, the land use certificate means that you have the right to use the land, and there is no right to buy and sell the land.
The buyer who has the title deed has the right to use, trade, and occupy the house, which means that the house is your property. And land cannot be owned privately. Houses that only have a land use certificate cannot be traded on the market.
Because the land use certificate does not prove the ownership of the house. When a buyer buys a house, they are buying the house itself, not the land.
-
A land certificate is a document that proves that an individual has the right to use state-owned land. The real estate certificate refers to the certificate that the buyer of the real estate certificate obtains the legal ownership of the house through the transaction, and can exercise the right to occupy, use, benefit and dispose of the purchased house in accordance with the law.
Legal basis: Civil Code of the People's Republic of China
Article 217 The certificate of ownership of immovable property is the 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 immovable property register; Where there are inconsistencies in the records, the immovable property register shall be used as a blind burial criterion, unless there is evidence to prove that there is an error in the immovable property register.
-
1. The land certificate is a proof document that proves that you have the right to use the land; A title deed is a document that proves that you own the home. Some cities implement the integrated issuance of real estate and land certificates, that is, the real estate certificate and the land certificate are combined to issue one certificate.
2. The difference between the land certificate and the real estate certificate, the real estate certificate is the proof that you have the ownership of the house, and you can exercise the rights of sale, gift, lease and mortgage on the house with the real estate certificate and the state-owned land use certificate.
3. The difference between the land certificate and the real estate certificate, the land certificate only proves that your house has the legal land use right, if it is a state-owned land use certificate, then the house on it can be bought, sold, gifted, mortgaged, rented, etc.; If it is collective land (or homestead), then the houses on it cannot be mortgaged, bought or sold, and the donation also needs to be approved by the relevant departments of the village and town.
4. The difference between the land certificate and the real estate certificate is that the real estate certificate is the basis for proving the legality of the house, and the land certificate is the basis for proving the legality of the land, and the two prove that the subject is different.
The relationship between the land certificate and the real estate certificate.
1. According to the law, when the land use right is transferred, the ownership of the above-ground buildings and other attachments shall be transferred accordingly, and when the land user transfers the ownership of the above-ground buildings and other attachments, the land use right within the scope of its use shall also be transferred. The title deed and the land deed are inseparable.
2. From a legal point of view, the real estate certificate and the land certificate are the proof that the owner owns the property and the right to use the land, and the two are inseparable.
The main thing is that you and your brother have to do a good job in this level, so that there will be no problems in the future, you negotiate with your brother, and the following things will be easy to do. >>>More
The house cannot be transferred without a title deed.
According to the law, when the land use right is transferred, the ownership of the above-ground buildings and other attachments is transferred, and when the land user transfers the ownership of the above-ground buildings and other attachments, the land use rights within the scope of its use are also transferred. The title deed and the land deed are inseparable. From a legal point of view, the real estate certificate and the land certificate are the proof that the owner owns the property and the right to use the land, and the two are inseparable. >>>More
c. As the buyer of the house, he may apply for the registration of the alteration of the land certificate in accordance with the law. If the competent authority refuses to change the registration, it may consider first filing a lawsuit to request confirmation that the land use right holder is C, and if the effective judgment of the court finally confirms that C is the land use right holder, and then realize the registration of the change of the land certificate through the enforcement procedure. Article 19 of the Property Law of the People's Republic of China Where the right holder or interested party believes that the items recorded in the immovable property register are wrong, they may apply for correction of the registration. >>>More
According to the provisions of the Land Management Law of the People's Republic of China and the Urban Real Estate Management Law of the People's Republic of China, state-owned allocated land refers to the land used by state organs, military land, urban infrastructure land, public welfare land, energy, transportation, water conservancy and other infrastructure land supported by the state, and other land used by laws and administrative regulations. >>>More