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The fact that a rural real estate title certificate is larger than a land certificate does not necessarily mean that it is better or worse. This situation may involve the following factors:
1.Land use period: The area on the land certificate is usually within the land use period, that is, there is a clear land use period.
On the other hand, the real estate title certificate may be issued after the land is re-allocated and confirmed after the end of the land use period, so the area may be different.
2.Land use change: Over time, the use of rural land may change, such as from agricultural land to industrial or commercial land, which may result in an inconsistency between the area on the real estate title certificate and the area on the land certificate.
3.Measurement error: In the process of land surveying, there may be certain errors, resulting in inconsistencies between the area on the real estate title certificate and the area on the land certificate.
In short, the area of rural real estate title certificate is larger than that of land certificate, and it cannot be simply judged as good or bad. The specific situation needs to be determined based on actual investigation and understanding of local policies and regulations.
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Not good, the area of the rural land certificate and the real estate certificate does not match, and the land certificate shall prevail.
If the area of the rural land certificate and the real estate certificate does not match, the land certificate shall prevail, so even if the area of the real estate property certificate is larger than the land certificate, there is no benefit.
The certificate of ownership of the immovable property is the 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.
On March 1, 2015, the Interim Regulations on Real Estate Registration came into effect. At the same time, Xuzhou, Jiangsu Province and Luzhou, Sichuan Province, issued the country's first real estate property certificate. This marks the implementation of the national unified real estate registration system.
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Legal analysis: 1. Clarify property rights.
2. Better avoid housing disputes.
After applying for the real estate ownership certificate, the land occupation information, construction area and ownership boundaries of the farmhouse will be clearer, especially in the face of demolition, these information are closely related to compensation. Only when the elements of property rights are complete, can housing disputes be better avoided.
The real estate property right certificate is conducive to deepening the reform of the rural property rights system, facilitating the circulation and mortgage of farmers' homesteads, and also means that the appreciation of farmers' homesteads will also be wider.
Legal basis: Civil Code of the People's Republic of China
Article 209:The creation, alteration, transfer, and extinction of real estate rights shall be registered in accordance with law, and shall become effective upon registration, except as otherwise provided by law. The ownership of natural resources that belong to the State in accordance with the law may not be registered.
Article 215:Unless otherwise provided by law or otherwise agreed by the parties, the parties conclude a contract concerning the creation, modification, transfer or extinction of real property rights, and the registration of real rights takes effect at the time of the conclusion of the contract, it does not affect the validity of the contract.
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Legal Analysis: The Difference Between Real Estate Certificate and Real Estate Deed:
The unified registration of immovable property is to integrate the real estate registration responsibilities that were originally scattered in multiple departments such as land, housing, grassland, and forest land into one department, and issue a unified certificate of imitative property rights. The difference between the real estate certificate and the real estate certificate: Originally, the buyer needs to apply for the house ownership certificate and land use certificate after buying the house.
After the registration of immovable property begins, the house ownership certificate and the land use certificate are combined into one and registered on the real estate title certificate, that is, the two certificates become one.
The Interim Regulations on the Registration of Immovable Property came into force on March 1, 2015, and in the future, 10 types of immovable property, including collective land and building ownership, will be registered nationwide. The "real estate certificate" will be gradually replaced with the "real estate certificate", and if the unified registration of real estate is fully implemented across the country, the property market will be comprehensively investigated. In fact, in addition to the "Real Estate Certificate", there are also "State-owned Land Use Certificate", "Real Estate Ownership Certificate", "Other Ownership Certificate", "Forest Ownership Certificate", "Sea Area Use Certificate" and other certificates will no longer be issued in the future, and the "Real Estate Property Certificate" and "Real Estate Registration Certificate" will be issued uniformly.
Legal basis: Article 8 of the Interim Regulations on the Registration of Immovable Property 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 registration book.
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.
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Summary. According to the provisions of the Land Law, the right to approve rural homesteads lies in the people at the county level, so only after the approval of the county level and the issuance of the homestead use certificate, can the house property right certificate be obtained in accordance with the law. Although the residential houses in the rural areas use the rural collective land, the houses built on the homestead land approved only by the collective economic organization (village committee) are illegally occupied, and the house ownership certificate cannot be obtained, and the house built on the self-reserved land or contracted land cannot receive the house ownership certificate.
Why is it difficult to get a real estate certificate if there is land in the countryside?
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According to the provisions of the Land Law, the right to approve rural homesteads lies in the people at the county level, so only after the approval of the county level and the issuance of the homestead use certificate, can the house property right certificate be obtained in accordance with the law. Although the residential houses in the rural areas use the rural collective land, the houses built on the homestead land approved only by the collective economic organization (village committee) are illegally occupied, and the house ownership certificate cannot be obtained, and the house built on the self-reserved land or contracted land cannot receive the house ownership certificate.
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Summary. Hello dear, happy to serve you.
Because the handling of this real estate certificate is only a pilot work, it is still unreasonable for us in Henan at present. It is not possible to do it in some other places, and at present, there are not too many places in the whole country that have implemented it, and it is only a pilot work. The process has not been extended to the whole country.
Why is it difficult to get a real estate certificate if there is land in the countryside?
Hello dear, happy to serve you. Because the handling of this real estate certificate is only a pilot work, at present, we in Henan are still unreasonable. At present, there are not many places in the whole country where it is implemented, and it is only a pilot work.
The process of excavating the beams was not extended to the whole country.
Therefore, it is very normal that it cannot be handled.
The villagers of our village and my group have already completed the formalities, saying that we are not in the planning plan (there are more than a dozen households that have not done it).
Hello dear.,It's really possible.。。 If it is not within the scope of planning or piloting, there is no way to settle down.
<>Our family is also like this, and there is no way to handle this.
Our homestead has built a new house, and we can't get this real estate certificate, because we are not a pilot there.
We have people who come to our village to do it.
Many places in Henan have been piloted one after another, but we don't have one.
Then you can specifically call the people of the Land and Resources Bureau **Shenzhou and ask them why they plan like this? Why can't I do it? You can cover the stove to call 12336, or you can pretend to be a market **12345.
In the case of pilot work, a township or a city has drawn an area for the pilot.
Or a city in a province.
At that time, the land certificate was also uniformly handled by the village.
We have a land certificate, but there is no real estate certificate, and many places in this national fan are being piloted. It is an experimental reform, not that the whole country is unified, pro?
Ok thanks.
If your village didn't do it, and the whole village didn't do it, there was no way to do it, and it was indeed not planned for us. Then if other people in your village can do it, but you can't do it, then it's different.
Yes, not in our group of 10 households.
If you want to do this, you have to call 12345 and 12336 to make specific inquiries. Ask if you can be accommodating. Under normal circumstances, it is a collective unified sales Duan Min to handle the burning.
Either your homestead is far away, or your homestead is not within your collective range.
The Bureau of Land and Resources is in charge of this, dear. Others don't have any rights.
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Summary. The real estate title certificate and the rural land certificate are two types of certificates that prove the ownership and use rights of land, and they have different functions. The ownership of the land can be proved by obtaining a real estate title certificate, while the rural land certificate is used to prove the right to use the land.
Therefore, if the real estate property certificate has been obtained, it is still necessary to apply for the rural land certificate from the local rural credit cooperatives or land management departments according to the actual situation, so as to facilitate the property right certificate and go through the formalities in the future land transactions, leases, mortgages, etc.
If you have a real estate property certificate, do you need to apply for a rural land certificate?
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You've done a great job! Can you elaborate on that?
The real estate title certificate and the rural land certificate are two types of certificates that prove the ownership and use rights of land, and they have different functions. The ownership of the land can be proved by obtaining the real estate ownership certificate, while the Chadan Rural Land Certificate is used to prove the right to use the land. Therefore, if the real estate property right certificate has been obtained, it is still necessary to apply for the rural land certificate at the local rural credit rolling fire cooperative or land management department according to the actual situation, so as to facilitate the property right certificate and go through the formalities in the future land transaction, lease, mortgage and other processes.
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Legal analysis: The land certificate is issued by the local people, and the written document proving that the holder has the ownership or right to use a certain area of land is a legal certificate that the holder enjoys the ownership or use right of the land. In the early 50 years, after the completion of land reform in China, the people issued land ownership certificates to farmers who were allocated land in rural areas; Land use certificates have been issued to farmers on the outskirts of cities who have been allocated state-owned land.
Later, after the socialist transformation of agriculture, the peasants' private land became collective public land, and the state-owned land used by peasants in the suburbs of cities was also used by the collectives. The land certificate loses its meaning and role. In order to strengthen land management and safeguard the legitimate rights and interests of land owners and users, the Land Management Law of the People's Republic of China, promulgated in 1986 and implemented on January 1, 1987, stipulates that collectively owned land and state-owned land owned by the whole people and state-owned land used by individuals in accordance with the law shall be registered by the people at the county level, and certificates shall be issued to confirm the ownership and use rights.
At present, there are three main types of land certificates, namely, state-owned land use certificates, collective land ownership certificates and collective land construction land use certificates. Any change in land ownership or change of land use shall go through the registration procedures for the change of land ownership in accordance with the legal procedures and replace the certificate.
Legal basis: "Land Management Law of the People's Republic of China" Article 62 A rural villager household can only own one homestead land at the place where the land is returned, and the area of the homestead shall not exceed the standards prescribed by the province, autonomous region or municipality directly under the Central Government. Rural villagers building houses shall conform to the overall land use plan of the township (town), and use the original homestead land and vacant land in the village as much as possible.
The residential land of rural villagers shall be reviewed by the people of the township (town) and approved by the people at the county level; 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 or rent their houses and then apply for homestead land are not to be approved.
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Yes, just go to the real estate bureau and pay the cost and certificate fee.