Can small property rights be traded?

Whether a small property can be transferred.

Due to historical reasons, some cities that have rapidly urbanized have small property rights. A lot of people want to buy and sell small property rights, then,Can a small property be bought and sold??Let's take a look.

The so-called "small property right house", also known as "township property right house", refers to the real estate issued by the township ** rather than the state, that is, some village collective organizations or developers in the name of new rural construction, etc., built on collective land or "commercial housing" built by farmers themselves.

Can a small property be bought and sold?

1. Types of small property rights

1. Houses built on rural collective construction land include homesteads, public construction land, and township enterprise construction land.

2. Houses built on cultivated land or basic farmland.

For the first case, most of the houses built on the homestead, the words of the outward are not protected by law, which involves whether the homestead use right should be transferred and subordinate, gratuitous, indefinite and certain social security and other attributes, the state should restrict its circulation, and it is definitely forbidden to circulate outward.

For the second case, based on the principle of adhering to the red line of cultivated land in China, it should be strictly investigated and recovered.

Can small property rights be bought and sold?

The departments concerned have repeatedly stressed that urban residents are not allowed to buy homesteads, peasant houses or so-called small property rights houses in rural areas, although small property rights houses are now cheaper, but because they are not protected by law, they often face huge risks when buying small property rights houses.

1. There is no real estate certificate, and the circulation is restricted. Housing built on collective land is not allowed to be sold to the outside world, there is no legal guarantee, property rights certificates cannot be obtained, and external circulation is restricted.

2. It is difficult to compensate for demolition. Most of the houses with small property rights are illegal buildings, which are likely to be demolished, and will not be compensated for demolition and resettlement.

3. The quality is difficult to guarantee, the housing quality supervision is often not in place, there is a phenomenon of cutting corners, and there are potential safety hazards.

4. The location is remote, the transportation is inconvenient, the supporting facilities are not perfect, the property management is lagging behind or even there is no property.

5. Inheritance and bequest cause trouble.

Can a small property be bought and sold?

3. Types of disputes over the purchase of small property rights

1. If an urban resident signs a contract with a rural resident to purchase a homestead or to purchase a homestead in the name of buying or selling a house, and the rural resident does not deliver the homestead or house, the urban resident files a lawsuit with the court demanding that the rural resident perform the contract.

2. After an urban resident purchases a homestead or house, the rural resident repents and files a lawsuit with the court, claiming that the contract is invalid and the original goods are returned.

3. After urban residents purchase homesteads and houses in the name of rural residents, disputes over ownership confirmation and disputes over compensation and resettlement for demolition and relocation are caused.

4. Disputes arising from the performance of contracts such as housing quality and delivery after urban residents purchase multi-storey or high-rise small property rights houses.

5. After urban residents purchase small property rights, there are several disputes caused by the reversal of hands.

That's it for youCan a small property be bought and sold?

You can get it for free

First of all, it should be clarified that there are two kinds of small property right houses: one is built on collective construction land, that is, houses built on "homesteads". The law allows village collectives to build dwellings on collective land.

As long as the relevant approval procedures have been completed in accordance with the law, it is a legal building. The other is illegal construction on the land used by collective enterprises or the occupation of cultivated land. In violation of the provisions of the "Land Management Law of the People's Republic of China", the use right of land owned by peasant collectives shall not be assigned, transferred or leased for non-agricultural construction.

Therefore, it is not just a small property that is an illegal construction. What is illegal cannot be bought, so can the legal one be purchased and transferred? According to the relevant provisions of the Land Management Law of the People's Republic of China, rural homesteads belong to collective ownership, and villagers only enjoy the right to use homesteads.

It can be seen that the small property right house cannot be transferred or ** to a third party who is not a member of the collective. However, this does not mean that small property rights cannot be transferred, but that the objects of transfer or sale are restricted, and can only be transferred and replaced within the collective members.

1. Can the right of a small property right be confirmed?

Ownership of small property rights cannot be confirmed. There are two types of small property right houses: one is built on collective construction land, that is, the house built on the "homestead", which only belongs to the collective owner of the rural village, and cannot be purchased by farmers in other villages; The other is a house illegally built on the land of a collective enterprise or occupying cultivated land.

Those that are issued by the state are called "large property right houses", and those that are not issued by the state are called "small property right houses". The dispute between large and small property rights is not the ownership of the house, but the right to use the land.

2. Is there a land use certificate for a small property right house?

It is not possible to obtain a land use certificate for a small property right house. The so-called "small property right house" refers to the house built on the collective land of farmers, and at the same time there is no need to pay land transfer fees and other fees, the property right certificate is not issued by the state housing management department, but issued by the township ** or village committee, this kind of house has no real property rights, and there is no land use certificate and pre-sale license. There are three types of properties in small ownership:

One is built on collective construction land, that is, the house built on the homestead belongs only to the collective owner of the village, and farmers from other villages cannot buy it; The other is a house illegally built on the land of a collective enterprise or occupying cultivated land. The last type is the villa of various types of agricultural parks or retirement homes. In the event of a dispute over this type of house, the buyer cannot be compensated because the contract of sale and purchase is invalid. There are also risks associated with the sale of small property rights, and if the state expropriates the land after the purchase of the small property property, the owner of the small property may not receive the corresponding compensation for demolition.

Article 63 of the Land Management Law of the People's Republic of China stipulates that the right to use land owned by peasant collectives shall not be assigned, transferred or leased for non-agricultural construction; However, enterprises that conform to the overall land use plan and have obtained construction land in accordance with the law, except for the transfer of land use rights due to bankruptcy, merger and other circumstances.

Houses with small property rights are not allowed to be bought and sold in law, because according to the relevant provisions of the Land Management Law, rural homesteads are collectively owned by rural collectives, and villagers only have the right to use the homesteads, and the act of buying and selling houses without permission cannot be recognized and protected by the law, nor do they have the right to go through legal procedures such as land use certificates and real estate certificates. Therefore, any transaction of small property rights by non-members of the class can only be transferred or replaced within the group members.

The concept of a small property.

1. Small property rights housing refers to houses built on rural collective land, and the land transfer fee and other fees have not been paid, and the property right certificate is not issued by the national housing management department, but issued by the township ** or village **, also known as"Township property"。

2、"Small property rights"It is not a legal concept, but a conventional title formed by people in social practice. This type of house does not have a land use certificate and pre-sale permit issued by the state, and the purchase contract will not be filed with the Land and Housing Administration. The so-called property right certificate is not a real legal and valid property right certificate.

What are the risks of small property ownership?

1. There is no real estate certificate.

This type of housing is built on collective land, which is not allowed to be sold externally and is not guaranteed by law. In other words, the purchase of such a house does not allow for a title certificate issued by the state. This is determined by the laws of the country and the nature of the use of the land.

2. It is difficult to compensate for demolition.

In addition to not being able to apply for a real estate certificate, those cheap houses are actually illegal buildings outside the scope of the first regulations, and if the infiltration banquet conflicts with the state's planning, it is very likely to be demolished, and the owner will not be compensated for demolition and resettlement.

3. The quality is difficult to guarantee.

The quality of the houses is not monitored, and some developers will cut corners in order to make money, which is a safety hazard. This kind of house is generally developed by the village where the land is located, in addition to the quality of the house and the after-sales warranty of the house is difficult to guarantee, the property management after moving in is also very prone to problems.

4. The supporting facilities are not perfect.

Almost none of these houses have heating, natural gas and other supporting facilities. And in the event of a dispute in the future, there may not even be water and electricity.

5. The bequest is also annoying.

Due to the lack of property rights, there will also be many troubles in the future when inheriting the estate. In the name of new rural construction and old village transformation, it is the current common mode of operation of small property rights housing, and it has the nature of playing the side ball.