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As for the question of what are the conditions for handling land mortgages, the conditions for land use right mortgage are as follows: 1. The mortgage of land use right must be premised on the initial land registration and obtain a land use certificate. 2. The land use right obtained by way of allocation, lease and shareholding must be mortgaged together with the above-ground buildings.
The land use right obtained by way of transfer may be mortgaged. 3. The mortgage of land use rights shall be subject to land price assessment. (1) The state-owned land use right obtained by way of transfer shall be evaluated by an intermediary agency with land valuation qualifications entrusted by the mortgagor, and the appraisal result shall be recognized by the mortgagee and confirmed by the land management department, and the confirmation document shall be issued and the mortgage shall be approved; (2) The state-owned land use rights obtained by way of allocation, lease or shareholding may be mortgaged for a difference according to different uses and natures
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People usually focus on the quality of the house and the title certificate of the property, and ignore another important right, that is, the right to use the land within the property. Since China implements the public ownership of land, the purchase of real estate is only to obtain the corresponding land use rights. People usually ignore the issue of land use rights, and take it for granted that land is an accessory to the house, and that the acquisition of ownership of the property means that the land use right is obtained.
In fact, there is no legal and natural affiliation between the ownership of the property and the right to use the land of the property. Neglect of land use rights will inevitably bring risks to the purchase and transaction of residential real estate.
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The land use right certificate refers to the legal certificate of land use right issued by the people at all levels of the city after the application of the land user. The nuisance tape mainly indicates the name of the land user, the location and use of the land, as well as the area of the land use right, the service life and the scope of the land.
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 house ownership. "Law of the People's Republic of China on the Management of Urban Real Estate" Article 6 Lu Lu 11 to obtain land use rights by way of transfer or allocation, shall apply to the local people's ** land management department at or above the county level for registration, verified by the local people's ** land management department at or above the county level, by the same level of the people's ** issued land use right certificate.
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The land use right certificate, also known as the state-owned land use right certificate, refers to the legal certificate of the state-owned land use right issued by the people at all levels of the city upon the application of the land user. The certificate mainly states the name of the land user, the location and use of the land, the area of the land use right, the service life and the scope of the land. At present, the issuance of collective land use certificates and state-owned land certificates has been suspended.
Uniform issuance of real estate property rights suspicion certificates.
1. Initial land registration.
1) Apply for registration. The user shall fill in the land registration application form at the cadastral section of the Municipal Bureau of Land and Resources, and submit the applicant's ID card or household registration booklet and construction land permit, building permit, real estate certificate and other land ownership certificates.
2) Cadastral survey. The Land and Resources Bureau will send personnel to conduct on-site investigations to fully verify the content of the land registration application, calculate the parcel area, and draw a parcel map.
3) Ownership review. The full-time staff of the Land and Resources Bureau shall review the nature of the land rights, use ownership**, parcel area, etc. applied for registration.
4) Registration. Fill in the "Land Registration Card", "Land Return Card" and "Land Use Certificate".
5) Issuance of land certificates. The applicant shall obtain the Land Use Certificate with his/her ID card and the Land Use Registration Receipt.
3. Change of land registration (transfer).
1) Application for change of registration. If it is a transfer of land use rights, both parties to the transfer shall fill in the transfer application, transfer contract, and transfer registration form; If the land use right is obtained by inheriting the house, the notarized inheritance certificate shall be provided and the land registration application shall be filled; If it is an ancestral house subdivision, submit a subdivision agreement or an application for the head of the household, and fill in the land registration application; It is also necessary to submit the applicant's ID card or household registration booklet, original land certificate, real estate certificate and other land ownership documents.
2) Change cadastral survey. The change must be made in conjunction with the original parcel registration file. If the parcel is partially changed, the area and boundary points shall be verified on the spot, and the parcel map shall be redrawn; If the parcel is completely changed and the boundary site is not changed, the boundary survey may not be conducted, but the parcel map shall be redrawn.
3) Change ownership review. The content is the same as the initial land registration.
4) Registration and renewal of certificates. Note the original "Land Registration Card", fill in the new "Land Registration Card", and change the "Land Return Card". The original "Land Use Certificate" shall be withdrawn and cancelled, and a new "Land Use Certificate" shall be filled in and issued.
The right to contract and manage this land still belongs to your family, and the relationship between your family and the lessee is the transfer of land contract and management rights. If the land is expropriated during the circulation period, then the compensation for the attachments on the ground belongs to the lessee, for example, the original compensation for the pig shed belongs to the attachment compensation and belongs to the lessee, and the compensation for the land and the resettlement subsidy belong to your family as long as they are issued to the farmers.
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