The real estate certificate bought from someone else has been handled, and how to apply for the land

If she has not applied for a land use certificate, she can use the real estate certificate that has been transferred to her name, and then apply for a land certificate at the Land Bureau, and hand over her ID card and a copy of the real estate certificate for dozens of yuan The cost of the land certificate can be used (domestic people) If foreigners may need to spend more money to handle it. If she has already applied for a land use certificate, she only needs to transfer the ownership (there is no distinction between domestic and foreign people). Generally speaking, only when the real estate certificate and land use certificate are complete can the house be bought and sold.

If she refuses to cooperate with the transfer of land use certificate, the real estate certificate in your own name is enough to protect the ownership of your property, but it can no longer be bought and sold, so keep it for your own use.

Just go to the local land bureau to get a re-one.

Beijing Daying Law Firm is a partnership law firm specializing in real estate-related legal business. Founded in 1998, the predecessor of the firm was a law firm under the Judicial Research Institute of the Ministry of Justice, which was later restructured. At present, the main business areas are:

Legal services such as house demolition, land requisition compensation, house sales, matrimonial real estate, construction projects, real estate development and contract disputes. Committed to becoming a professional real estate law firm.

Da Ying Law Firm is located in the Digital Building of Zhongguancun South Street, the core area of Beijing's science and technology, culture and education, with convenient transportation and elegant environment. Daying Law Firm has a group of high-quality professional lawyers with cohesion and a sense of responsibility to provide clients with high-quality, sophisticated and professional real estate legal services. The firm has a "demolition lawyer team", "house sale lawyer team", "construction engineering lawyer team" and "matrimonial real estate lawyer team".

It is the lawyer's duty to be anxious about the client's urgency and solve problems for the client. The lawyers of Daying Law Firm take the needs of clients as their own responsibility, handle every entrusted matter in a way that clients can rest assured and satisfied, and use the wisdom, ability and experience of professional legal talents to safeguard the legitimate rights and interests of each client. Adhere to the consistent style and principle of timely case handling, well-founded arguments and rigorous action, and have been well received by customers at home and abroad.

Lawyers who are interested in real estate legal services are welcome to join the firm and create a development platform together.

People in need of legal help are welcome to come to our firm to protect their rights and take the road of rights protection together.

Legal analysis: The ways to apply for the land use right certificate for buying a new house are: information needs to be provided:

Transfer of commercial housing, demolition and resettlement housing, and private housing: (1) Application form for land registration. 1 serving; (2) Purchase contract or demolition agreement; (3) House ownership certificate; (4) deeds; (5) Applicant's ID card; Wait a minute.

Legal basis: Article 8 of the Land Management Law of the People's Republic of China The land in urban areas belongs to the State. Land in rural areas and on the outskirts of cities shall be owned by peasant collectives, except as provided by law for the State; Homesteads and self-Karen land, self-retention of mountains, belong to the peasant collective Yusun Chun all Qingnai.

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If you buy a house with only a land use certificate, you can apply for a real estate certificate, legal analysis: if you have a state-owned land use certificate to get a real estate certificate, people get the land certificate given by the developer, if the developer does not go to apply for the real estate certificate, you can also bring the materials to the housing authority to handle it. These two certificates are unified, and only by holding the land certificate and the real estate certificate can the full ownership of the house be confirmed.

Can I get a real estate certificate if I buy a house with only a land use certificate?

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Legal analysis: If you have a state-owned land use certificate and can do a real estate certificate, people take Zhaofan to the land certificate given by the developer, if the developer does not go to the real estate certificate, you can also bring the materials to the housing authority to handle it. These two certificates are unified, and only by holding the land certificate and the real estate certificate can you confirm the full property rights of the house.

Legal basis: The Interim Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Rights The State implements a system of assignment and transfer of urban state-owned land use rights in accordance with the principle of separation of ownership and use rights, except for underground resources, buried objects and municipal public facilities. The term "imitation of state-owned land in towns and cities" as mentioned in the preceding paragraph refers to the land owned by the whole people within the scope of cities, county seats, organized towns, and industrial and mining areas.

Now I have bought a house without a real estate Zhaobi certificate and only the right to use the land and want to apply for a real estate certificate, if I can't get a real estate certificate, only the right to use the land is protected by law?

A whole detached building.

Kissing is also protected by law, but to a different extent.

Generally speaking, commercial houses in urban areas do not have land use certificates, while rural houses do.

Legal basis: Regulations on the Implementation of the Land Management Law of the People's Republic of China Article 3 The State implements the land registration and issuance system in accordance with the law. The ownership and use rights of land registered in accordance with the law are protected by law and may not be infringed upon by any unit or individual.

The content of the land registration and the land ownership certificate shall be uniformly prescribed by the land administrative departments. Land registration information can be searched publicly. Confirmation of the ownership or use rights of forest land and grassland, and confirmation of the right to use aquaculture on water surfaces and tidal flats shall be handled in accordance with the relevant provisions of the Forest Law, the Grassland Law and the Fishery Law.

Legal analysis: Rough Hongdou buy a house with a land use certificate, the way to handle is the use of state-owned land by units and individuals in accordance with the law, by the land user to the land at or above the county level of the people's land administrative departments to apply for land registration, by the county level or above the people's registration register, issued a certificate of state-owned land use rights, to confirm the right to use.

Legal basis: "Regulations on the Implementation of the Land Management Law of the People's Republic of China" Article 6 If the right to use the rock mill and the right to use the land are changed according to law, the land shall be made due to the transfer of above-ground buildings, structures and other attachments in accordance with the law.

The transfer of the right to use, must be submitted to the land at or above the county level of the people's ** land administrative departments to apply for land change registration.

China implements the principle of "land goes with the house, and the house goes with the land", which is the consistent principle of determining the ownership of real estate in China. If there is a land certificate, and the property right of the house is transferred to the holder of the land certificate, he can apply for a change in the registration of the house ownership according to the "house goes with the land" wish; If the owner of the house holds the property right certificate and does not transfer it to others, he or she shall apply for the registration of the change of land use right in accordance with the principle of "land follows the house".

Legal basis:

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

Article 32 When real estate is transferred or mortgaged, the ownership of the house and the land use right within the scope occupied by the house shall be transferred and mortgaged at the same time.

Interim Measures for the Administration of Allocated Land Use Rights(Decree No. 1 of 1992 of the National Bureau of Land Management).

Article 11. When the land use right is transferred or mortgaged, the ownership of the above-ground buildings and other attachments shall be transferred or mortgaged accordingly; Transfer or mortgage the ownership of above-ground buildings and other attachments, so that the land use rights within the scope of the land are transferred or mortgaged. However, except where above-ground buildings and other attachments are transferred as movable property, the leased land use right, the above-ground buildings and other attachments shall be leased accordingly; If the right to use buildings and other attachments on the ground is leased, the land use right within the scope of its use shall be leased accordingly.

Procedures and formalities for handling two certificates into one:

When the real estate certificate and land use certificate are not a person, the name on the real estate certificate shall prevail, and at the same time, you need to go through the land certificate transfer procedures with the real estate certificate, and the specific process is as follows:

1. To know that the transfer of the house together with the transfer of land use rights, it is necessary to submit the house sale and purchase agreement, house license, and original land use certificate.

2. The house is inherited together with the land use right, and the house license, the original land use certificate, the notarial certificate or the handwritten agreement of the user right holder and the street certificate must be submitted for the gift.

3. The land registration of new houses shall be submitted to the land and planning department for building approval.

5. The division of sales, inheritance, and gift must be handled by both parties at the bureau.

6. In addition to submitting the above information, the entrusted agent must also provide a power of attorney signed and stamped by the client.

In the mid-80s, the state renovated homesteads once across the country and implemented homestead planning in rural areas.

This action is the first to achieve results, genus.

Some places even use large machinery to demolish illegal buildings, you said 87 years of illegal occupation and destruction of planning, a bit incredible, the real estate certificate is not worth mentioning, and the approval of the homestead is the top priority.

It is the next step to apply for the land certificate.

However, please bring the following documents:

1.Title Deed.

2.The original land is a round certificate.

3.A sealed contract of sale and purchase from the Real Estate Bureau.

4.A copy of the ID card of the original property owner.

5.The original ID card of the new property rights Zen world.

6.The new and old property owners must be present If they cannot be present, they must have a power of attorney signed by the new and old property owners (the letter of entrustment must be a sample of the Land and Resources Bureau).

The cost is 18 yuan.