The real estate certificate is the younger brother collective land use certificate to whom the house

But you can't buy or sell, because your land is not for sale, and you have to buy and sell a house, and you have to pay the land transfer fee.

Legal analysis: The collective land construction land use certificate is a land use certificate, not a real estate certificate, the land use certificate is a proof of land use, and the real estate certificate is a proof of house property rights. Rural construction requires permission for homestead construction, and if you build a house without permission, you may not be able to obtain a land use certificate.

Generally speaking, a village is a collective, and the ownership of land in a village is owned by the village organization. The people at the county level shall confirm the ownership of the land owned by the village organization and issue a collective land ownership certificate. The village collectives then distribute the land to the villagers, and the rural areas generally use it to say that they have the ownership of the land, but in fact it is only the right to use, but this right of use is different from the right to use state-owned land, and it has no term.

Legal basis: Article 4 of the Regulations for the Implementation of the Land Management Law of the People's Republic of China Farmers collectively owned the land, by the landowner to the land at the county level where the land is located to submit an application for land registration, by the county-level people's registration register, issue a collective land ownership certificate, confirm ownership. If the land owned by the peasant collective is used for non-agricultural construction in accordance with the law, the land user shall submit an application for land registration to the county-level people's land administrative department where the land is located, and the county-level people's land shall register and issue a certificate of collective land use right to confirm the right to use construction land.

The people of cities divided into districts may implement unified registration of the land collectively owned by farmers within the municipal area.

The house is subject to registration, and the name of the house registered in the name is who's, and the house on the rural homestead should have a collective construction land use certificate, and the certificate issued by the village cannot prove that you have the full property rights of the house.

The certificate of the village committee is different from the nature of the property right certificate, and can only be used as a proof document for doing the property right certificate or other things, not a legal certificate of house ownership. If you need to own the property, you must apply for a title deed or register a real estate title deed to obtain a real estate title deed.

According to the Law of the People's Republic of China on Land Management in Juezhen, a collective land certificate refers to the land use right obtained by a village, community or other collective organization, while a real estate certificate refers to the ownership of a house obtained by an individual. Therefore, the title deed and the collective land deed are different, and you do not have the right to fight for the collective land deed.

According to the "Real Estate Management Law of the People's Republic of China" and the "Land Management Law of the People's Republic of China", when the parties have the specific rights of the sail bend, they can apply for the right certificate accordingly, so you can also apply for these rights certificates accordingly when you have the rights.

The real estate certificate and the collective land certificate are brothers' names, do I have the right to fight for them?

You have the right to demand respect for your legal rights, but whether you can compete for the actual result depends on the decision.

Summary. Houses on collective land can only be bought by people in the same village or collective, and cannot be traded on the market, and the rest of the people who do not meet the requirements are not protected by law.

The land certificate belongs to the collective under the name of the individual, what should I do with this kind of house.

Houses on land in Jibi Prefecture can only be bought by people in the same village or collective, and cannot be listed and traded, and the rest of the people who do not meet the requirements are not protected by law.

According to Article 8 of the Land Management Law of the People's Republic of China, villagers only have the right to use houses on collectively owned land such as rural homesteads, and the sale and purchase of houses by farmers to urban residents is not recognized and protected by the law, that is, they cannot go through legal procedures such as land use certificates, real estate certificates, and deed tax certificates. Article 63 of China's Land Management Law stipulates that the right to use land owned by peasant collectives shall not be assigned, transferred or leased for non-agricultural construction.

Rural homesteads are collectively owned, and villagers only have the right to use the homesteads, and the sale and purchase of houses sold by farmers to urban residents is not protected by law, that is, they cannot go through legal procedures such as land use certificates, real estate certificates, and deed tax certificates.

The land certificate is mine, the house is collective, the house built by the original enterprise, and now the enterprise has been closed down for many years, how to inherit this kind of house.

If you have a land use certificate, it is yours now.

The land deed is mine.

Whose name is on the land certificate, then the right to use the land belongs to whom, and others can only enjoy the right to inherit and other rights.

Article 3 of the Civil Code of the People's Republic of China of the Huifeng Clan: The owner of the right to use the homestead enjoys the right to occupy and use the land owned by the collective in accordance with the law, and has the right to use the land to build residential buildings and ancillary facilities in accordance with the law. Article 363 The acquisition, exercise and transfer of the right to use homestead land shall be governed by the law on land management and the relevant provisions of the State. Article 364 Where a homestead is lost due to natural disasters or other reasons, the right to use the homestead shall be extinguished.

Villagers who have lost their homestead land shall be redistributed to their homesteads in accordance with law. Article 365: Where the registered right to use a homestead is transferred or extinguished, the registration shall be changed or cancelled in a timely manner.

There is a land certificate and a real estate certificate for collective construction land, and brothers cannot divide the house. Most of the land in rural areas is collectively owned, and if the members of the collective organization need to build a house, they must apply for a homestead certificate. A collective land use certificate is similar to an individual's land ownership certificate!

Proof is the issue of land tenure! The title deed proves the ownership of the property. This is not to be confused.

As for using this collective land use certificate to apply for a business license, there may still be some problems! This really depends on the local situation.

Extended Information: The title deed has the following notable features:

1) The real estate certificate can only be issued by the real estate authority.

2) The real estate certificate is a written proof of the ownership of a specific house, and can record the common ownership of the specific house and whether a security interest is created. Based on the principle of one property, one right, the real estate certificate is based on the principle of one house and one real estate certificate, that is, a house with independent building structure and use function (including the house that distinguishes all the houses) has only one ownership, and only one ownership registration can be registered on the real estate registration, and only one real estate certificate can be issued accordingly.

3) The property ownership certificate can only be issued to the owner of a specific house, if the house is co-owned, in addition to the house ownership certificate, a co-ownership certificate can also be issued to the co-owner.

4) The real estate certificate is the ownership certificate issued by the registration authority to the specific right holder after the registration of the ownership of the specific house, and the content of the real estate certificate should be consistent with the content of the registration book.

Since the house is an important real property and the transactions related to it are extremely common, the title certificate is widely used in transactions. However, in practice, there are still many contradictions between the understanding of the real estate certificate and its nature, and there are two main categories:

First, the relationship between the real estate certificate and the real estate register is reversed, thinking that the real estate certificate is the only legal document to prove the ownership of the house, and the register is only the file of the real estate certificate.

For example, in practice, when determining whether a person owns the ownership of a particular house, it is assumed that whether or not a person holds a title deed is the fundamental basis.

Second, confusing the nature of the certificate and **, thinking that the real estate certificate has the nature and function of **, and Duan Wang can represent the ownership of the house recorded on it.

Summary. Now it has changed, if there is a real estate certificate, it depends on whose name the real estate certificate is registered, and now the land is also being reformed, if the land belongs to someone else, and the house is yours, it is easy to have disputes, so it is impossible to get the real estate certificate.

Whose name is the collective land certificate, is the house anyone's?

Hello, I am a cooperative consulting lawyer, I have received your question, I need a little time to answer, wait a minute.

The land use certificate is a legal document confirming the land use right, which has nothing to do with the house, and the ownership of the house is determined by the real estate certificate.

The real estate certificate is a document that the buyer obtains the legal ownership of the house through the transaction, and can exercise the right to occupy, use, and dispose of the purchased house in accordance with the law.

Homeowner credentials to manage and use their own home.

Now it has changed, if there is a real estate certificate, it depends on whose name is registered in the real estate certificate, and now the land is also being reformed, if the land belongs to someone else, and the house is land bridge yours, it is easy to have disputes, so it is impossible to get a real estate certificate.

I'm glad to answer for you this time! If you are satisfied with my above targeted reply, you can give me a like, and click on my trembling avatar to **consult and follow, so that I can continue to answer for you. I will look forward to solving your problems next time

Can a family's land be written in an individual's name? And the real estate certificate has the name of the individual written on it, is this a collection of land.

For your above-mentioned questions, because the issues related to legal services are quietly pretended to be quite professional, that is, Qizao has relatively high professional requirements for the specific field of Fengli Law Firm.

So, if it's convenient for you, you can tell us what the dispute or trouble you are experiencing is so that I can give you appropriate advice and advice.

Our family has a piece of land, and the village chief said that it was a collection of land, but it was written with the name of the second brother.

May I ask the lawyer: Does this land belong to the second brother personally or family, and does the second brother have the right to resell it?

The land use certificate is a legal document confirming the land use right, which has nothing to do with the house, and the ownership of the house is determined by the real estate certificate.

At present, it is still a vacant land, but it is written in the name of the second brother, and the village chief said that the second brother has no right to resell it, and this is the family's collection of land.

In this case, does the second brother have the right to resell this land?

Can't. Ok thanks.

Hello! It is recommended that the two sides negotiate and deal with it, and if the negotiation fails, they can request the villagers' committee or the township (town) people to mediate and settle the matter.

It is also possible to directly submit an application to the land management department of the people at or above the county level. Usually, the land management department will mediate first, and if the mediation fails, the land management department will put forward the handling opinions, and the report person will make a decision on the disposal of the slag.

I'm glad to answer for you this time! If you are satisfied with my above targeted reply, you can give me a like, and click on my trembling avatar to **consult and follow, so that I can continue to answer for you. I will look forward to solving your problems next time