For house disputes, I hope that friends who understand the law can help

Updated on society 2024-06-08
19 answers
  1. Anonymous users2024-02-11

    First, it can be handled in accordance with Article 83 of the General Principles of the Civil Law of the People's Republic of China: the adjacent parties to the immovable property shall, in accordance with the spirit of conducive to production, convenient life, solidarity and mutual assistance, fairness and reasonableness, correctly handle the adjacent relationship in terms of water interception, drainage, passage, ventilation, lighting, etc. Where obstructions or losses are caused to neighboring parties, the infringement shall be stopped, the obstruction removed, and the losses compensated.

    Second, to see whether it has gone through the relevant procedures for housing construction, if the rural construction of a house, it is necessary to apply for a private housing construction project commencement certificate.

    If the procedures are not perfect, you can report to the relevant local departments (township ** township construction office), if the township construction office does not deal with it, you can complain to the local discipline inspection and supervision organ about the department's inaction.

    Attached: Necessary materials for handling the "Private Housing Construction Project Commencement Certificate":

    1. Written application report for commencement of construction (original);

    2. "Land Use Certificate" or construction land approval letter (original copy shall be submitted);

    3. The "Construction Project Planning Permit" issued by the planning department and its drawings (the original copy shall be submitted);

    4. "Hukou Booklet" and "ID Card" (original copy shall be submitted);

    5. Have engineering design documents and drawings that meet the needs of the construction site;

    6. Sign a construction contract with a unit (or individual) with construction qualifications, submit the construction contract (original), the qualification certificate of the corresponding construction unit, and the project manager certificate (the original copy will be accepted);

    7. Registration of Quality and Safety Supervision of Construction Projects;

    8. Receipt of deposit for wall change (original copy of the original shall be submitted);

    9. Written opinions on the construction of the project issued by the community residents' committee or villagers' committee where the project is located;

    10. Construction accident insurance policy (original copy shall be submitted).

    The construction of private housing can only be started after the private housing builder obtains the "Private Housing Construction Project Commencement Certificate".

  2. Anonymous users2024-02-10

    The chief is negotiating: you can find relatives, village committee members and others to make an agreement and tell you that it is not good for you to build a house. See if you can change that.

    Again: the negotiation does not achieve the result of suing the court, according to the adjacency, causing bad lighting to your place, inconvenient transportation, etc. The principle of fairness and mutual benefit shall be decided by the court.

  3. Anonymous users2024-02-09

    Although the land belongs to theirs, they don't want to repair anything, and they need to get approval in advance to repair the house.

    According to the law, a family can only have one homestead, and building a house at will is an illegal building, and you can report it to the housing authority, land bureau, planning bureau or public security bureau, so that he will not only be fined, but also banned from building a house.

    However, if you want to grasp the timing of the report, you can first go to these departments to find out when the report can achieve the best effect.

  4. Anonymous users2024-02-08

    Legal analysis: The cost of a lawyer for real estate disputes is usually related to several factors: regional factors, the difficulty of the case, the time spent by the lawyer, and the acceptability of the client.

    The cost of a lawyer is different depending on the economic conditions of the region, and the cost of a lawyer in an economically developed area will be relatively higher. If the case is complex and requires a lot of time and energy for the lawyer to deal with, the lawyer's fee will be high.

    Legal basis: "Law of the People's Republic of China on the Management of Urban Real Estate" Article 61 To obtain land use rights by way of transfer or allocation, an application for registration shall be made to the local people's land management department at or above the county level, and the land use right certificate shall be issued by the local people's land management department at or above the county level. If a house is built on the land for real estate development obtained in accordance with the law, it shall apply for registration with the local people's real estate management department at or above the county level with the land use right certificate, and the local people's real estate management department at or above the county level shall verify and issue a house ownership certificate.

    When real estate is transferred or changed, it shall apply to the local people's ** real estate management department at or above the county level for registration of real estate change, and apply to the people's ** land management department at the same level for registration of change of land use right with the changed house ownership certificate, and the people's ** land management department at the same level shall replace or change the land use right certificate after verification by the people's ** land management department at the same level.

    Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws.

  5. Anonymous users2024-02-07

    I would like to ask first, when was the last time you requested the seller to perform the contract, this is very important because it involves the issue of the statute of limitations, if the two-year period has passed, and the other party claims the statute of limitations to the court, the court will rule to dismiss the claim, which is troublesome.

    Then, without getting the title deed, the property right is not transferred, and even if you pay for the house, it is not yours legally.

    Therefore, liquidated damages or damages can only be claimed, but the two cannot coexist, and according to the actual loss, refer to Article 114 of the Contract Law, whichever can be compensated the most.

    This kind of unilateral breach of contract is very common, and it is recommended that you file a lawsuit, which escalates the dispute to the legal level, at least for the seller to have a certain deterrent, and the possibility of out-of-court settlement will be greater.

    Just personal advice, good luck and everything will be fine

  6. Anonymous users2024-02-06

    It's hard to win in the first place, but the contract is still valid and liquidated damages can be claimed.

  7. Anonymous users2024-02-05

    Hehe,,, I know that I can't buy it, and I still buy it, it's a way to know the law, hehe, but I can ask him to pay you back,,, 200% of the purchase price of the house, there is no basis, the highest liquidated damages in my country's constitution is. 20% of the total output value. In other words, you can get back the payment + 20% of the payment as liquidated damages.

    Good luck.

  8. Anonymous users2024-02-04

    What contract did you sign with them at that time, if you didn't have it, you have less chance of winning, if you have, it's easy to do, and it depends on whether you have someone.

  9. Anonymous users2024-02-03

    You have to solve the housework yourself! It's all about money.

  10. Anonymous users2024-02-02

    Question 1: The house built with collective land can only be given to the internal members of the collective (that is, whether there is anyone in your family who is an agricultural population and belongs to the production team with the ownership of the land), if the previous conditions are met, the house sales contract is valid, but the house is not you, because the house has not been transferred, the house can be changed after the transfer of real estate rights in order to be legally protected.

    Question 2: The property right of the house is generally based on the name registered on the real estate certificate, and your sixth master cannot have the ownership of the house if he is a non-agricultural household, so you don't have to worry that he can raise an objection to the property right.

    Question 3: If your sixth uncle is unwilling to register the change of property rights, then you can sue him to demand him to perform the contract or demand that the contract be terminated and that he return the sale price and claim damages.

  11. Anonymous users2024-02-01

    First of all, it should be possible to confirm that the house sale contract is valid, but the house should still belong to your sixth uncle. The reason is as follows, according to the provisions of China's property law, the house sale contract is independent of the transfer of the house property right, that is to say, the establishment of the house sale contract is valid, which does not mean that the house property right must be transferred, which also needs to perform the property right change procedures, otherwise, the house property right will not be transferred. Therefore, it can be concluded that the house you bought is still your sixth uncle's.

    The name registered on the certificate is the owner of the house, affirming the ownership of the image.

    methods of rights protection; It is clear from your account that your legal rights and interests have been violated. Then, you can sue the court for breach of contract, demanding continued performance (i.e., transfer of ownership) or return of the sale price and claim damages. According to your hypothesis, if your sixth uncle is willing to sell the house to you, but your sixth uncle wants it back, then your sixth uncle will also be liable for negligence in contracting.

  12. Anonymous users2024-01-31

    It is best for relatives to negotiate and settle!

    If you really can't sue the court again!

    Find a lawyer to add a buckle.

  13. Anonymous users2024-01-30

    The first case: if the children buy their parents' house, they can write a will or gift, but the will and gift agreement need to be notarized by a notary office, and if the will is inherited, you need to wait for the old man to pass away before the property rights of the house can be transferred.

    The second situation: if an outsider buys the old man's house, it is directly a second-hand house sales contract, if the old man is single and has independent property rights of the house, the house is his personal property, the property owner agrees to sign it, and the children are completely out of bounds, even if they do not agree to make trouble, it is useless, the law does not support it. This eliminates the need to think about wills or gifts anymore.

    If the first case must be written, after the death of the elderly, the house shall not be divided as an inheritance, gifts, wills and second-hand housing sales contracts are available on the Internet, search for **.

  14. Anonymous users2024-01-29

    The property belongs to the elderly, and it can be inherited or gifted by will!

  15. Anonymous users2024-01-28

    What the situation. Do children buy their parents' houses, or do outsiders buy them?

    If you have children, you can write a will or gift it directly.

    An outsider's word is a contract.

    The format of the contract is quite arbitrary, the title, who is Party A, who is Party B, what year and month to pay, how much to buy, where to buy the property, when to pay, when to transfer, what responsibility to bear in case of breach of contract, Party A's signature and seal, Party B's signature and seal.

  16. Anonymous users2024-01-27

    It was a harmonious and good family. , for the sake of the house,

  17. Anonymous users2024-01-26

    After the death of the grandfather, the second aunt has been proposing to transfer the name of the property certificate to her living daughter, but the grandmother did not agree.

    This house can be said to have been bought by the second aunt, or it can be said that your grandmother and grandfather borrowed your second aunt's money to buy it, according to the former should belong to your second aunt, according to the latter, it should also belong to your grandmother.

  18. Anonymous users2024-01-25

    Hello, your problem is relatively complex, it is advisable to have a more local lawyer interview.

    Lawyer Zhong Jing.

  19. Anonymous users2024-01-24

    Since the above questions involve a lot of problems, it is recommended to consult a relevant lawyer, and there are also some free legal consultations, which can be tried.

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