Is it legal to buy and sell small property rights

If I have purchased a small property but have not been protected by national laws, is it feasible to buy and sell a small property? Is it possible to retrade a second-hand home? Many conflicts and disputes related to small property rights are caused by these problems. Let's let the introduction of the decoration home decoration network!

The buyer of a small property has a title deed, but does not have a property ownership certificate, and this so-called one-piece property right certificate is not really legal and valid. There are two types of small property rights houses, one is built on collective construction land, that is, houses built on "homesteads", which belong only to the collective owners in rural areas, and villagers from other villages are not allowed to buy them. The other type of small property is on the land of collective enterprises.

or illegally built houses that occupy cultivated land. Small property rights cannot be transferred or replaced by a third party who is not a member of the class, and can only be transferred or replaced within the group members.

Can I buy and sell a small property?

1.Small property rights do not have a title deed, and circulation is restricted. Houses with small property rights are built on collective land, cannot be sold to the outside world, have no legal protection, cannot obtain property rights certificates, and have restrictions on external circulation.

2.It is difficult to compensate for the demolition of small property rights. Most of the houses with small property rights are illegal buildings, so they are likely to be demolished, and generally will not receive compensation for demolition and resettlement from the state.

3.There is no way to guarantee the quality of small property rights, and usually the quality supervision of the house is not in place, and there is a phenomenon of cutting corners, because there are also hidden dangers in safety.

4.Small property rights are often located in remote areas, with inconvenient transportation, imperfect supporting facilities, lagging property management, and some even have no property.

5.There are often disputes over inheritance and bequest of small property rights.

If both parties have signed a sales contract for the purchase and sale of a small property, then the contract is also valid. The contract for the sale and purchase of a small property right house is also a contract for the sale and purchase of a house, and there is a creditor's relationship. It is only because of the incomplete documents that the transfer registration procedures for the change of property rights cannot be carried out.

I will introduce you to the relevant knowledge of buying and selling small property rights. The purchase and sale of small property rights houses is prone to breed multi-faceted disputes, and the state has not yet recognized them, so everyone should treat them rationally and think carefully before buying small property rights. For more real estate-related knowledge, please also ask you to keep **** in the real estate encyclopedia section!

Can I buy or sell a small property?

Legal Analysis: If a small property does not go through the approval process to obtain a title certificate, then it is illegal to buy and sell the small property property. According to the law, the following real estate is not transferable:

1) Where judicial or administrative organs make rulings or decide to seal up or otherwise restrict real estate rights in accordance with law; (B) the resumption of land use rights in accordance with law; (3) co-ownership of real estate without the written consent of the other co-owners; (4) The ownership is disputed.

Legal basis: Article 38 of the Law of the People's Republic of China on the Administration of Urban Real Estate The following real estate shall not be transferred: (1) the land use right obtained by way of transfer does not meet the conditions provided for in Article 39 of this Law; (2) Where judicial or administrative organs make rulings or decisions to seal up or otherwise restrict real estate rights in accordance with law; (3) Recovering the right to use land in accordance with law; (4) Co-ownership of real estate without the written consent of the other co-owners; (5) The ownership is disputed; (6) Failure to register and receive a certificate of ownership in accordance with law; (7) Other circumstances where laws or administrative regulations prohibit transfer.

Legal analysis: It is illegal to buy and sell a small property right house without going through the approval process to obtain the real estate certificate. Small property rights housing refers to the construction of houses on the collective land of farmers, without paying land transfer fees and other fees, and its property rights certificate is not issued by the state housing management department, but by the township or village committee, there are many restrictions on the circulation and transfer of small property rights.

According to the provisions of relevant laws and regulations, small property rights houses cannot obtain legal land certificates and property rights certificates, and when demolishing, the demolished houses must provide legal land use right certificates and house ownership certificates as the basis for compensation.

Legal basis: Article 38 of the Law of the People's Republic of China on the Administration of Urban Real Estate The following real estate shall not be transferred:

1) Where the land use right is obtained by way of transfer, it does not meet the conditions provided for in Article 39 of this Law.

(2) Where judicial or administrative organs make rulings or decisions to seal up or otherwise restrict real estate rights in accordance with law;

(3) Recovering the right to use land in accordance with law;

(4) Co-ownership of real estate without the written consent of the other co-owners;

5) There is a dispute over ownership.

(6) Failure to register and receive a certificate of ownership in accordance with law;

(7) Other circumstances where laws or administrative regulations prohibit transfer. Article 39 Where land use rights are obtained by way of transfer, the following conditions shall be met when transferring real estate:

1) In accordance with the transfer contract, all land use right transfer fees have been paid, and the land use right certificate has been obtained.

2) In accordance with the provisions of the transfer contract for investment and development, if it is a housing construction project, more than 25% of the total development investment shall be completed, and if it belongs to a piece of development land, it shall form industrial land or other construction land conditions.

If the house has been completed at the time of the transfer of real estate, the house ownership certificate shall also be held.

Buying and selling a small property is not legal. Small property right housing is not a legal concept, but a conventional title formed by the people in social practice. Houses with small property rights are houses built on collective land by some village collective organizations or developers in the name of new rural construction, or "commercial houses" built by farmers themselves.

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.

Article 63 of the Land Management Law of the People's Republic of China stipulates that the land use of the overall land use plan and the urban and rural planning are determined to be industrial, commercial and other operational purposes, and the collective business construction land registered in accordance with the law may be handed over to the unit or individual for use by way of transfer, lease, etc., and shall sign a written contract indicating the land boundary, area, construction period, use period, land use, planning conditions and other rights and obligations of both parties. The transfer or lease of collective business construction land provided for in the preceding paragraph shall be subject to the same type of origin of the villagers' meeting of the members of the collective economic organization or more than two-thirds of the villagers' representatives. The right to use land for collective management construction obtained through transfer or other means may be transferred, exchanged, contributed, donated, or mortgaged, except as otherwise provided by laws and administrative regulations or otherwise agreed in a written contract signed by the land owner or land use right holder.

The leasing of collective construction land, the transfer of the right to use collective construction land and its maximum term, transfer, exchange, capital contribution, gift, mortgage, etc., shall be carried out with reference to the state-owned construction land for the same purpose. The specific measures are formulated by ***.

Small property ownership is legal. Small-scale property rights are houses built on collective land by some village collective organizations or developers, or commercial houses built by farmers themselves Because the land belongs to the collective economic organization, the transfer of houses is restricted without a house ownership certificate.

Legal basis. Article 11 of the Land Management Law of the People's Republic of China.

The land owned by the peasant collectives belongs to the village peasant collectives in accordance with the law, and is operated and managed by the village collective economic organizations or villagers' committees; Where a farmer's collective is already owned by two or more rural collective economic organizations in the village, it shall be operated and managed by each of the rural collective economic organizations or villagers' groups in the village; Those that are already owned by township (town) peasant collectives shall be operated and managed by township (town) rural collective economic organizations.

Article 63.

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.

1. How to buy a small property right house.

Strictly speaking, small property rights are houses that cannot be traded externally, and foreign transactions are not protected by law. After paying the house payment, the buyer cannot obtain the legal real estate, and the ownership of the house cannot be determined. Therefore, the small property rights purchased by the buyer cannot be publicly transferred or mortgaged.

In the case of house demolition, compensation cannot be received in accordance with the law.

Although some small property owners recognize the transfer of the house by the buyer and go through the so-called transfer registration, this registration has no legal effect, and once a dispute occurs, it cannot have the effect of protecting the buyer. Therefore, when the seller repents and sues the court, the ** person only needs to return the property, while the buyer needs to return the property, which is a big loss.

Therefore, from the perspective of home buyers, although it is cheaper to buy a small property right house, there are many problems in the property right situation, and it is necessary to bear huge risks. Therefore, buyers who are interested in buying a small property need to make their own choice judgment on the risks and benefits and make the right decision.

2. What are the advantages of small property rights?

1. Advantages: low property rights of small property rights; There is no restriction on the purchase of small property rights; At present, some small property rights houses are still relatively regular, with reasonable planning and special properties, and some have school facilities.

2. Disadvantages: There is no real estate ownership certificate, only the contract of the "Joint Venture Housing Agreement" to stipulate the ownership; It is necessary to purchase the house in full, and the small property cannot be mortgaged from the bank. Therefore, the purchase needs to be paid in full, and some of them can be used as short-term loans, but the interest rate is relatively high; There is a lack of quality supervision, and there may be safety risks in the design and construction quality of some small property rights.

Therefore, it is recommended to choose a larger community and a lot of closed buildings; It will be difficult to cash out in the future, the value will rise relatively slowly, and there is a risk of being dismantled and lost.