On the issue of re registration of rural land transfers

1. Investigation of the ownership and credit capacity of state-owned land.

1. Before the land transfer contract is signed, the qualifications of the transferor shall be verified. The transferor must be the land user specified in the state-owned land use certificate. If the land user is a state-owned or collective unit, it shall submit a certificate of consent to the transfer issued by the institution with the right to dispose of assets.

2. The transferor should also carefully review the credit standing of the transferee, including the proof of bank funds, whether there are major debt disputes, etc., so as to avoid the end that the funds cannot be recovered after the transfer of land use rights.

2. Appraisal of the transfer of ** Before the transfer, the land transfer should be evaluated. Because the transfer of land use rights is significantly lower than the market, the people of the city and county have the right of first refusal, that is to say, when the price is lower than the market, you cannot sell it, and you cannot buy it. In addition, when the market for the transfer of land use rights is unreasonable, the people of the city and county may take necessary measures.

In particular, when the transferor is a state-owned unit, the state-owned land and related assets must be appraised by a statutory valuation agency and confirmed by the land department.

3. Guarantee for the transfer of state-owned land use rights.

1. Whether there are defects in the state-owned land use right to be transferred is the key point that the transferee (buyer) must pay attention to. Before signing the transfer contract, it is necessary to go to the land department and the real estate department to conduct an investigation to verify whether there is a mortgage and whether there is a judicial restriction being taken.

2. In view of the fact that it is not easy to investigate whether there is land ownership and related disputes, and it is difficult to judge the transferee's ability to perform the contract, it should be made clear that the two parties provide guarantees to each other. In addition, these issues should also be explained in the land transfer contract to avoid disputes in the future

4. Changes in land use and related land use conditionsWhether the land use and related conditions can be changed, the change procedures and the cost burden shall be clearly stipulated in the transfer contract. Here it is necessary to be clear whether the land can be converted to other uses, such as farmland into fish ponds, farmland into factories, and so on. Although some do not change the land use, they need to change the land use conditions such as building density, floor area ratio, and greening rate limited by the transfer contract.

5. The ownership of above-ground buildings and other attachments at the time of transfer of land use rights.

1. The owner or co-owner of the above-ground buildings and other attachments shall enjoy the land use rights within the scope of use of the buildings and attachments. 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.

2. The effect of the transfer of state-owned land use rights extends to above-ground buildings, and if there is no agreement, it is presumed to include. State-owned land shall not be transferred until it reaches the prescribed level of development, and state-owned land shall not be transferred without above-ground buildings.

3. The transfer of ownership of land use rights and above-ground buildings and other attachments shall be registered in accordance with 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 regulations.

1. You must first determine whether the land use right he gave you is his, and then see if your purchase contract has other provisions on these lands, if his land use right and gift to you in the above two points are no problem, he cannot withdraw the gift to you casually. According to Article 192 of the Contract Law, the following conditions must be met for the revocation of a gift: (1) the donee seriously infringes upon the donor or the donor's close relatives.

2) The donee has an obligation to support the donor and fails to perform it. The donee must perform the maintenance obligation, whether it is a statutory obligation or a contractual obligation, and its failure to perform it constitutes a cause for revocation of the gift. If the donee is incapacitated, his failure to perform the obligation of support does not constitute a cause for revocation of the gift.

3) The donee does not perform the obligations agreed in the gift contract. In a gift with obligations, the donee shall perform the obligations in accordance with the agreement, otherwise the donor has the right to revoke the gift.

2. The transfer of rural land is limited to the transfer of homestead land according to the regulations, and if the right holder transfers the right to use the house and its homestead, the right to use the house and the homestead shall be transferred to the members of the collective economic organization who meet the conditions for applying for the homestead for building a house; However, there are many violations in actual operation, and the specific situation can be consulted with the local ** department.

1. The land belongs to the village collective.

2. If it is transferred, the village committee shall sign a contract with B, and A can receive a certain amount of land reclamation subsidy from the village committee.

3. If you want to occupy the right of use permanently, unless the house is built with the consent of the village committee.

As long as it is not distributed by the village, the village still has the final say, and at most some money will be given. If you want to transfer, you can transfer it, anyway, you take the money, people ask for land, and in the future, he will succeed or not, who speaks, I don't care, anyway, the money I get, will not be returned.