The difference between a title deed and a real estate deed, and the difference between a title deed

The real estate certificate is a certificate that the buyer 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. That is, the "Housing Ownership Certificate" is a legal certificate for the state to protect the ownership of the house in accordance with the law. Homeowner credentials to manage and use their own home.

In a general sense, the real estate certificate is the abbreviation of the house ownership certificate, which is a written certificate issued by the real estate registration authority to prove the ownership of the house.

The real estate certificate includes the house ownership certificate and the land certificate, and the property right certificate is only limited to the house ownership certificate. To pay to buy a house, you must apply for the "Real Estate Ownership Certificate" issued by the Land Bureau and the Housing Authority. The real estate certificate is a certificate for the right holder to manage, operate, use and dispose of real estate in accordance with the law.

It mainly records the real estate and land related to the real estate purchased by the owner. Such as the name and ID number of the right holder; parcel number, land use, land location, parcel area, age of the parcel; The name, building number, house number, use, construction area, completion date, construction purchase price, and other rights of the real estate, etc.

The real estate certificate issued now is a real estate property right certificate made by combining the original "house ownership certificate" and "state-owned land use right certificate" into one, and the main difference between the two is that the "real estate certificate" records both land documents and housing documents, which is a unified registration of land use rights and house ownership. The original "house ownership certificate" does not record the status of land use rights These two are contained in the relationship that is included, the essence is not much different, the real estate certificate contains the property right certificate, and the substantive role of the property right certificate is greater, and the future transaction and so on play the most critical role, no land certificate can be traded, but no property right certificate is not possible, we often say that the property right certificate is the house property right certificate, and the real estate certificate includes the house property right certificate and the land certificate. In Changsha, there is no substantial difference between the two, which proves that the full name of the house ownership certificate is the house ownership certificate, and the land certificate changes according to the change of the house ownership certificate.

At present, many houses in Changsha only have property rights certificates and no land certificates, which do not affect second-hand housing transactions.

The same name "House Ownership Certificate".

It's a thing, it's just called differently.

The real estate certificate is a certificate for the right holder to manage, operate, use and dispose of real estate in accordance with the law. It mainly records the real estate and land related to the real estate purchased by the owner. The real estate certificate issued now is a real estate property right certificate made by combining the original "house ownership certificate" and "state-owned land use right certificate" into one, and the main difference between the two is that the "real estate certificate" records both land documents and housing documents, which is a unified registration of land use rights and house ownership.

The "Property Ownership Certificate" does not record the status of land use rights.

Legal basis: Article 60 of the Law of the People's Republic of China on the Administration of Urban Real Estate The State implements a system of registration and issuance of certificates for land use rights and housing ownership.

Article 61 of the Law of the People's Republic of China on the Administration of Urban Real Estate to obtain land use rights by way of transfer or allocation, shall apply for registration to the local people's land management department at or above the county level, and the land use right certificate shall be issued by the local people's land management department at or above the county level. 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 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.

Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws.

Legal analysis: 1. The real estate certificate is the certificate of purchasing the transaction house to obtain the ownership of the house, and the housing right certificate is the proof of the ownership of the house according to law; 2. The real estate certificate records the information of the owner of the real estate, the information of the house, etc., and the house ownership certificate only records the ownership of the house; 3. The real estate certificate includes the house ownership certificate; 4. The official name of the real estate certificate is the real estate ownership certificate, and the real estate ownership certificate is officially called the room property ownership certificate.

Legal basis: Law of the People's Republic of China on the Administration of Urban Real Estate

Article 60: The State implements a system of registration and issuance of certificates for land use rights and housing ownership.

Article 61 To obtain land use rights by way of transfer or allocation, an application for registration shall be made to the local people's land management department at or above the county level, and the land use right certificate shall be issued by the people at the same level after verification by the local people's land management department at or above the county level. 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 certificate of land use right, and the local people's real estate management department at or above the county level shall verify and issue a certificate of ownership of the house. 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 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.

Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws.

Since March 1, 2015, the "Interim Regulations on Real Estate Registration" will officially enter the implementation stage, and the new "real estate property certificate" and the "real estate certificate" held by residents have the following differences: in addition to the real estate property right certificate of the People's Republic of China, the outer page of the real estate certificate is written in the upper right corner of the real estate registration mortgage, off-site registration, seizure registration and other registration types, and the content of the inner page stipulates the right holder, certificate type, certificate number, common situation, type of right holder, registration reason, use period, and acquisition** (in units of 10,000 square meters) and other information; The outer page of the real estate certificate only has the property right certificate of the People's Republic of China, and there is no other content, and the inner page only includes the information of the house owner, common ownership, house location, registration time, house nature, planned use, house condition and land status.

Therefore, the content of the real estate title certificate is more detailed than the content of the real estate certificate, and the real estate title certificate clearly stipulates the service life, clarifies the start and end dates of the use of the house, and the acquisition of the house, so that the transaction is more transparent and clear.

[Legal basis].

Interim Regulations on the Registration of Immovable Property

Article 4 The State implements a unified registration system for immovable property.

The registration of immovable property follows the principles of strict management, stability and continuity, and convenience for the masses.

The immovable property rights already enjoyed by the owner of immovable property in accordance with the law shall not be affected by changes in the registration authority and registration procedures.

Article 8 Immovable property shall be registered with the immovable property unit as the basic unit. Real estate units have a unique code.

The immovable property registration agency shall, in accordance with the provisions of the competent department of land and resources, establish a unified immovable property register.

The immovable property register shall record the following matters:

1) The location, boundary, spatial boundaries, area, use and other natural conditions of the immovable property;

3) Matters involving restrictions or reminders of immovable property rights;

4) Other related matters.

Civil Code of the People's Republic of China

Article 217 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 immovable property register; 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.

Legal analysis: the difference between the property right certificate and the real estate certificate: the real estate certificate is a certificate that the buyer obtains the legal right to the house through the transaction and exercises the right to occupy, use and dispose of the purchased house in accordance with the law.

That is, the "Housing Property Ownership Certificate" is a legal certificate for the state to protect the property rights of the house in accordance with the law. The property right certificate generally refers to the real estate certificate of the house, which specifically includes: the house ownership certificate and the land use right certificate, and in some places it may be the real estate right certificate issued by the housing management department and the land management department.

Legal basis: Article 61 of the Law of the People's Republic of China on the Administration of Urban Real Estate Article 61 To obtain land use rights by way of transfer or allocation, it shall apply for registration to the local people's land management department at or above the county level, and the land use right certificate shall be issued by the people at the same level after verification by the local people's land management department at or above the county level.

A title deed is a type of title deed. The full name of the real estate certificate is "Housing Ownership Certificate", which refers to a property right certificate that has been reviewed by the housing management department, recorded the owner of the house in the housing register, and issued to the owner of the house. The house ownership certificate is the proof that the right holder enjoys the ownership of the house, which is managed by the housing management department.

The property right certificate contains a variety of properties, including houses, land, sea areas, forests, vehicles, etc., which are managed by the competent department of the corresponding property rights registration. The title deed also records other rights in addition to ownership, including mortgages, etc. At present, the property rights system, which is only effective after registration, is mainly for immovable property.

China has begun to implement a unified registration system for immovable property rights and establish a register of immovable property rights. According to the provisions of the Interim Regulations on the Registration of Immovable Property, the immovable property rights record the natural conditions of the immovable property, such as its location, boundary, spatial boundary, area and use; It records the ownership status of the subject, type, content, duration, change of rights and other ownership status of real estate rights; At the same time, it also records matters related to the restriction of real estate rights, reminders, and other related matters.

[Legal basis].

Article 25 of the Housing Registration Measures shall write and issue a certificate of ownership to the right holder according to the records in the housing registration book. Article 21 of the Interim Regulations on the Registration of Immovable Property stipulates that when a real estate registration authority completes the registration, it shall issue a certificate of ownership or registration certificate of immovable property to the applicant in accordance with the law.