How can land be sold?

Updated on delicacies 2024-05-27
11 answers
  1. Anonymous users2024-02-11

    Land can be bought and sold. Both state-owned land and land owned by rural collectives can be bought and sold. I don't know what kind of land you are talking about.

    The right to use the land that has been used as construction land can definitely be bought and sold, otherwise, why would the developer still participate in the legal auction? Since it is a auction, it must be a sale.

    As for the expropriation of rural land, it is also a sale, which is also legal, and the "Land Management Law of the People's Republic of China" has clear provisions on this.

    With regard to the issue of the sale and purchase of rural land without changing its agricultural nature, Article 32 of the Rural Land Contract Law of the People's Republic of China provides that the right to contract and operate land obtained through household contracting may be transferred by subcontracting, leasing, swapping, transferring, or other means in accordance with law. Among them, "transfer", as a form of "circulation", is prescribed by law, and "transfer" is essentially a sale. However, there is generally a term of service, and the term of the contract does not exceed the current round of contract.

  2. Anonymous users2024-02-10

    What is sold is not the ownership of land, because the ownership is the right to use the land by the state or the collective, and promoting the development and utilization of land is conducive to promoting economic development, but the state does not allow land to be sold, especially the cultivated land, and has strict control.

  3. Anonymous users2024-02-09

    People eat pork, who gave humans the right to kill pigs, and how long will this situation last? Why?

  4. Anonymous users2024-02-08

    After reading your attitude, you don't understand the professional issues. Keep it simple. Do you want your city to always be the same for n years?

  5. Anonymous users2024-02-07

    Summary. Hello, can I come back. Because China's law stipulates that land is owned by the state or collectively, it cannot be bought or sold privately.

    Hello, can I come back. Because China's law stipulates that land is owned by the state or collectively, it cannot be bought or sold privately.

    Therefore, the land sale contract is invalid.

    Article 9 of the Land Management Law 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, self-cultivated land, and self-cultivated mountains belong to peasant collectives.

  6. Anonymous users2024-02-06

    Legal Analysis: Look at the nature of the land being sold. If it is state-owned land and the transfer procedures have been completed, it will not come back.

    If it is a collective land, depending on how to sign the contract, if the contract is signed, it is invalid, and the other party can be asked to return the land, because the collective land is not allowed to be bought and sold, and can only be subcontracted or transferred. If it is a signed subcontracting or circulation contract, if it has not been filed with the village collective, you can do something and let the village raise objections and disagree with the subcontracting or circulation of land, so that the land will come back.

    Legal basis: Article 209 of the Civil Code of the People's Republic of China The creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.

    The ownership of natural resources that belong to the State in accordance with the law may not be registered.

  7. Anonymous users2024-02-05

    If you want to sell a piece of land, how can you sell it?

    Hello, 1, you can use a real estate agency to hire a professional agency to help the seller find a buyer, and assist both parties to negotiate, sign a contract, etc. 2. Land information can be released to relevant platforms through online platforms**, such as 58.com, Ganji.com, etc., so as to facilitate buyers' searches. 3. You can also spread information through the circle of friends or WeChat friends, tell everyone about the land, and look for interested buyers.

  8. Anonymous users2024-02-04

    Legal Analysis: Peasants' land cannot be sold to others without permission. That could be a crime.

    No matter what kind of land, there can be no permanence, the country practices a system of public ownership of land, land ownership belongs to the state and collectives, individuals only have the right to use, rural land belongs to peasant collectives, is allocated by village collectives to their own peasant households, peasants have the right to use, but do not have the right to dispose of, can not be illegally transferred as personal property.

    Legal basis: Article 380 of the Civil Code of the People's Republic of China An easement may not be transferred separately. Where the right to contract and operate land or the right to use construction land is transferred, the easement shall be transferred at the same time, except as otherwise provided in the contract.

  9. Anonymous users2024-02-03

    OK. As long as it's within the duration of your contract. and the land is in your hands. You can ** the right to use the land under contract. This is also the sale and purchase of land. But only for the duration of the contract.

  10. Anonymous users2024-02-02

    Land can be bought and sold for use rights, but not for ownership. The seller and the buyer must both be villagers of the same village; The buyer was not a villager of the same village as the seller at the time of the sale of the house, but later moved his household registration into that village; At the same time, the land sale and purchase shall be approved by the collective economic organization.

    1. The judgment of the court on the sale and purchase of land.

    The court held that: according to the provisions of China's current relevant land management laws, the land use rights owned by farmers' collectives shall not be assigned or transferred, and at the same time, according to the relevant regulations, farmers' residences shall not be given to urban residents, nor shall urban residents be allowed to occupy farmers' collective land to build houses, and relevant departments shall not issue land use certificates and real estate certificates for illegally built and purchased residences.

    Because the house purchased by the defendant Zhang was owned by a village in Huangcun Town, Daxing District, and the defendant Zhang was not a member of the village Zhongqing Collective Economic Organization, the house sale and purchase agreement signed between the plaintiff's father and the defendant Zhang was invalid. Because a village in Huangcun Town, Daxing District has been drafted by Daxing District and included in the scope of demolition in 2010; The plaintiff claimed that the disputed property would be demolished and the defendant should pay it compensation for the demolition, and the court requested the court to support it.

    Based on the fault liability of both parties in the sale and purchase of the house, as well as the decoration and addition of the defendant Zhang after purchasing the property, the court comprehensively considered that in order to balance the interests of the buyer and the seller, it was appropriate to take 25% of the demolition interests of the disputed house and courtyard to the plaintiff and 75% to the defendant.

    The court ruled that the house sale and purchase agreement signed between the defendant and the plaintiff's father was invalid; In the event of demolition of the house and courtyard, the defendant shall pay the plaintiff 25% of the total amount of compensation for demolition (including the total price of location compensation, the price of the house to be replaced, the price of the appurtenances, and the subsidy for abandonment of the building), which shall be paid within 10 days after the defendant obtains the compensation for demolition.

    2. How long is the statute of limitations for land sales contracts?

    1) The time limit for prosecution of land sale disputes shall be 3 years for the litigation period of ordinary civil acts.

    2) According to the Civil Code (effective as of January 1, 2021), the statute of limitations for sales contracts is 3 years. Where the statute of limitations period has expired and the parties voluntarily perform it, the keymark is not subject to the statute of limitations.

    3) The statute of limitations is interrupted by the initiation of a lawsuit, the request of one of the parties, or the agreement to perform an obligation. From the time of interruption, the statute of limitations period is recalculated.

    4) Article 5 of the "Provisions of the Supreme People's Court on Several Issues Concerning the Application of the Statute of Limitations System in the Trial of Civil Cases" provides that where the parties agree to perform the same debt in installments, the statute of limitations period is calculated from the date on which the last period for performance expires.

  11. Anonymous users2024-02-01

    Land cannot be bought or sold. Land in urban areas is owned by the state, and land in rural areas and suburbs is owned by village collective economic organizations.

    [Legal basis].Article 10 of the Constitution.

    The land of the city belongs to the state. Land in rural areas and on the outskirts of cities is collectively owned, except as provided for by law and belonging to the State; Homesteads, self-cultivated land, and self-cultivated mountains are also collectively owned. The State may, in accordance with the provisions of law, expropriate or expropriate land and provide compensation for the needs of the public interest.

    No organization or individual may occupy, buy, sell, or otherwise illegally transfer land. The right to use land may be transferred in accordance with the provisions of the law. All organizations and individuals using land must make rational use of land.

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