Rural House Sale 10, Rural House Sale

Property law should apply.

Legal Analysis: Rural houses can be bought and sold. However, there are restrictions on the subjects of buyers and sellers.

According to the laws of China, the seller is generally a villager of the rural collective economic organization, while the buyer has two situations: one is a member within the collective economic organization, and the other is a member outside the collective economic organization.

Legal basis: "Land Management Law of the People's Republic of China" 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 the 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 building houses shall conform to the overall land use plan and village plan of the township (town), shall not occupy permanent basic farmland, and shall use the original homestead land and vacant land in the village as much as possible. The preparation of township (town) land use plans and village plans shall make overall plans and reasonable arrangements for homestead land to improve the living environment and conditions of rural villagers.

The residential land of rural villagers shall be reviewed and approved by the people of the township (town); Among them, where the occupation of agricultural land is involved, the examination and approval formalities shall be handled in accordance with the provisions of Article 44 of this Law.

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 cities to voluntarily withdraw from their homestead land for compensation in accordance with the law, and encourages rural collective economic organizations and their members to make use of idle homesteads and houses.

The competent departments of agriculture and rural affairs are responsible for the work related to the reform and management of rural homesteads nationwide. Signs.

Summary. This is a certificate issued by our local village committee, which is a certificate for the transfer of homestead land use rights. Because we buy and sell the house, in principle, the right to use the homestead is also transferred.

The current policy implements the principle of integrating the land with the house and the real estate in accordance with the law, and when the ownership of the house on the homestead is obtained, the right to use the homestead within the scope occupied by the house is obtained. <>

What should I do if I want to sell a rural house without a real estate certificate.

Hello, it is possible to buy and sell a rural house. According to the laws and regulations of our country, as long as our houses in the countryside meet certain conditions and are bought and sold in accordance with the prescribed procedures, it is reasonable to comply with the law. However, it should be noted that a rough survey of rural homesteads cannot be bought and sold at will.

How can you buy and sell without a title deed?

Hello, according to the laws of our country, rural houses can not be bought and sold without a real estate certificate, and in principle, they must have a real estate certificate to buy and sell. When buying and selling a house without a real estate certificate in a rural area, the owner of the house needs to apply for the registration of the real estate right of the house first, and apply for the real estate certificate with the homestead use right certificate, planning permit and relevant identity materials before he can buy and sell the house with the file. <>

Oooh. None of that.

If you do not have any of these documents, you will need to reissue them in principle. We can also try to obtain the consent of the villagers' committee and issue a certificate of postponement of the transfer of the relevant residential and sliding bases, first buy and sell, and then use it when applying for the real estate certificate in the future. But whether it works quickly depends on our local policies.

What is the homestead transfer certificate.

This is a certificate issued by our local village committee, which is a certificate for the transfer of homestead land use rights. Because we buy and sell houses, in principle, the right to use the homestead has also been transferred. The current policy implements the principle of integrating the land with the house and the real estate in accordance with the law, and when the ownership of the house on the homestead is obtained, the right to use the homestead within the scope occupied by the house is obtained.

Shake the town loafers].

Legal analysis]: Houses in the new countryside cannot be bought and sold. Rural collective land is collectively owned, and it is forbidden to buy, sell and circulate among members of non-rural collective organizations.

Rural land is collectively owned, and houses are built on collectively-owned land, and the sale of houses necessarily involves the sale and purchase of homesteads, which is illegal. In the case of the purchase and sale of private houses in rural areas, the buyers nominally buy houses, but in fact they buy land, and under the pattern of integrating real estate and land, the disposal of houses also disposes of homestead land, which harms the rights and interests of collective economic organizations, and is expressly prohibited by laws and regulations.

Legal basis"Land Management Law of the People's Republic of China" Article 63 The overall land use plan and urban and rural planning are determined to be industrial, commercial and other operational purposes, and the collective business construction land registered in accordance with the law shall be handed over to the unit or individual for use by the land owner through transfer, lease or other means, and shall sign a written contract indicating the land boundary, area, construction period, use period, land use, planning conditions and other rights and obligations of both parties. The transfer or lease of collective business construction land provided for in the preceding paragraph shall be subject to the consent of more than two-thirds of the members of the villagers' meeting or more than two-thirds of the villagers' representatives who are members of the collective economic organization.

The right to use land for collective management construction acquired through transfer or other means may be transferred, exchanged, contributed, donated or mortgaged, except as otherwise provided by laws and administrative regulations or otherwise agreed in a written contract signed by the land owner or land use right holder. The leasing of collective construction land, the transfer of the right to use collective construction land and its maximum term, transfer, exchange, capital contribution, gift, mortgage, etc., shall be carried out with reference to the state-owned construction land for the same purpose. The specific measures are formulated by ***.

Rural houses can be bought and sold, but the buying and selling behavior is restricted. The seller and the buyer must be villagers of the same village, the buyer must meet the criteria for applying for homesteads, the house must be built legally, and the sale and purchase must be approved by the collective economic organization.

Legal basis] Article 11 of the Land Management Law talks about dressing up.

The land owned by the peasant collectives belongs to the village peasant collectives in accordance with the law, and is operated and managed by the village collective economic organizations or villagers' committees; Where a farmer's collective is already owned by two or more rural collective economic organizations in the village, it shall be operated and managed by each of the rural collective economic organizations or villagers' groups in the village; Those that are already owned by the township peasant collectives shall be operated and managed by the township and rural collective economic organizations.

Article 62.

A rural villager household can only own one homestead with stoves, and the area of the homestead must not exceed the standards set 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, the people at the county level may, on the basis of fully respecting the wishes of the rural villagers, take measures to ensure that the rural villagers have a place to live in accordance with the standards set by the provinces, autonomous regions, and municipalities directly under the Central Government.