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Rural houses are as important as land, farmers have land, and they all have land use certificates.
However, after the implementation of one house per household, if the rural area uniformly handles the real estate certificate.
The excess house will be classified as an illegal building.
If such an illegal building is to be demolished, the real estate certificate will be handled uniformly, and the investigation will be carried out directly in the village. There will be how many meters of length and width on the real estate certificate handled in the countryside, how many square meters of the area, these data will be included in the file, and for some rural areas that need to be demolished, the compensation for demolition depends on the use area of the housing homestead, and for those illegally built pigsty and chicken sheds, there is basically no compensation, so in order to avoid unnecessary disputes arising from demolition, this real estate certificate is a evidence, so that your illegal things can be exposed. Everyone knows that there are not a few people who want to go back to the countryside to live, and many farmers have a large area of housing, and many friends have idle homesteads, but it is difficult for people outside to apply for rural homesteads.
On the one hand, there is spare space and on the other hand, there is demand, and after the real estate relationship is determined, it can be conveniently circulated, which can not only improve the efficiency of land use, but also increase the income of peasants. What should I do if I have a hukou in the countryside and buy a house in the city, but the rural house is not allowed to be rebuilt after it collapses? If you have a hukou in the countryside, it means that you are still a member of the economic collective in the countryside, so based on this problem, I personally think that when you are in the countryside, you can obtain the right to use the homestead.
So based on this problem, I personally think that it should be possible to build a house, if you are not allowed to build a house, or if there is any problem, at this time, we should analyze and analyze it to see if there is no reason why you are not allowed to build a house. The hukou is in the countryside, and although I bought a house in the city, I did not move my hukou to the city. It means that it is still a rural population, there is a homestead in the village, and after the collapse of the old house, it can be demolished and rebuilt on the original homestead, because this is the village collective assigned to you this household, and if you have not moved out, this homestead is yours.
There's no reason why the village shouldn't rebuild! Unless your old house has applied to the village for a new homestead and built a new house before it collapsed. Rural residents are entitled to land for the construction of their own collective economic organizations.
As a homestead and to build a dwelling, this is a right granted to farmers by law, and no person or unit can take it away. The law stipulates that a rural household can only own one homestead, but it does not stipulate that only one property can be owned, so if a rural resident buys a house in an urban area, it does not affect his or her lawful acquisition of the right to use the homestead. There is no legal basis and it is illegal to refuse to approve a farmer's homestead land on the grounds that he has already bought a house in the city, and not to approve the construction of a house by a rural resident.
Farmers can defend their rights.
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After the rural real estate warrants were handed over, they were all torn up and denied by the local **. Those who live in the property rights certificate are not allowed to make up various reasons not to give the new real estate ownership certificate. Grounds house leaking tiles.
Honest people know how to live, they all smash your house tiles to earn some money, repair the house completely, and repeatedly repair the bottomless pit of dissatisfaction and fill the poor pit that cannot be filled. People still laugh at you for being poor. Zaozhuang City, Shandong Province, first agreed to make up for it, and then repented of not doing it.
If the old certificate is received, the new certificate will not be issued. At that time, I paid two pieces of money to get a real estate warrant. Give a book in the first year.
The next year, I gave another book. Thankfully, I handed in a copy. The officials are too insidious.
He also said that the old certificate was useless. People can do it in many places and abduction. There is also the fact that those who have been wronged have become situational.
Those who depend on the situation have become wronged. Greed has become the fuse, the mother has become the inner ghost, the aunt has become a witch, the child has become a Japanese devil, and they will rob it. A raccoon dog died and did not admit it, and all became internal ghosts.
Foreign judges have become mercenary and blackmailers. ** Bumped into the guns of the public security and justice. You can't rely on relatives and rely on God.
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Title deeds for houses in the countryside.
That's a unified distribution, so maybe you haven't handled it yet, or not? You didn't poke it?
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The collection is also uniformly received and distributed by the village cadres, and it is also divided into batches.
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I didn't distribute it either! It means that it is not that your family has not distributed it, if everyone has distributed it, you can go to the village committee to contact it.
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The rural real estate certificate is uniformly handled, why hasn't my family issued it yet?
It may be that the following situations have occurred: one silver is demolished for many houses, members of the village collective are not members, and illegal construction leads to no distribution. One household with multiple halls (according to the current relevant laws and regulations, rural families must be carried out on the principle of one household and one house, and the excess will not be issued with relevant property rights certificates), non-members of the village collective body (the homestead can be bought and sold or exchanged within the members of the village collective, if it is a non-village collective member who buys the village land to build a house, then it is not possible to confirm the right, and it is also illegal and needs to be punished), illegal construction (this kind generally refers to illegal construction, especially the construction of houses on agricultural land, At the same time, such houses cannot be confirmed without a legal application process, and the destruction of agricultural land will face severe penalties and demolition).
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Legal analysis: First, it may be that when you build a house, it is over the standard, for example, when you approve 100 square meters, then you actually occupy 120 square meters when you build a house, so it is illegal to build, first to deal with this illegal construction matter, and then you can handle the confirmation of homestead rights. Second, it is the situation of one house and two households, and now the state's policy on rural homesteads is one house per household, and if a family wants to occupy one more homestead, it must be divided, and some peasants usually do not demolish the old houses when building houses, which creates a situation of one household and two houses, which violates the state's policy.
3. There is also a situation that some people's hukou has moved to the city, but there is still your homestead in their hometown, which causes the ownership of the homestead to be not in your name, and the real estate certificate cannot be issued, which is the reason.
Legal basis: Article 7 of the Interim Regulations on the Registration of Immovable Property Article 7 The registration of immovable property shall be handled by the people's ** real estate registration agency at the county level where the immovable property is located; The people of municipalities directly under the Central Government and cities divided into districts may determine that the immovable property registration agencies at the same level shall uniformly handle the registration of immovable property in their respective districts. The registration of immovable property that crosses county-level administrative regions shall be handled separately by the immovable property registration agencies of the county-level administrative regions that cross county-level administrative regions.
If it cannot be handled separately, it shall be handled through consultation by the real estate registration agency of the administrative region at the county level; If the negotiation fails, it shall be designated by the common people's ** real estate registration department at the next higher level.
Law of the People's Republic of China on the Administration of Urban Real Estate Article 60 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.
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Title Deed. What should I do if I can't do it all the time?
1. Negotiate and settle.
If it is the developer's reasons that make it impossible to apply for the property ownership certificate, there are two ways to negotiate a solution: one is that the buyer does not move out within a certain period of time, and the developer should pay liquidated damages on a daily basis.
There is also a type where the buyer checks out, and the developer pays a certain amount of liquidated damages.
When you negotiate, you must remember to bring the purchase contract.
Negotiate with the developer to ask for liability for breach of contract.
If the two parties do not have much disagreement, after reaching an agreement, the two parties sign an agreement to agree on the way to bear the liability for breach of contract and the final way to deal with it, and the developer will compensate the buyer.
2. Send a lawyer's letter.
If the negotiation fails, a lawyer can be appointed to send a lawyer's letter to the developer. A lawyer's letter can serve as a reminder and warning to the other party, urging the other party to take the initiative to take responsibility, which is much more convenient than the judicial channel, but the lawyer's letter is not mandatory, and if the other party refuses to compensate, it is still necessary to file a lawsuit.
3. File a lawsuit.
If the developer still refuses to solve the problem after negotiation and sending a letter, it can file a lawsuit in the court, requiring the developer to continue to perform the contract or request to terminate the contract, and at the same time investigate the developer's liability for breach of contract.
Please click Enter a description.
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You can go to the local real estate certificate agency to consult, what kind of procedures are missing, and apply for the certificate as soon as possible.
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Rural real estate certificate has not been able to be done, need to go to the township office land management bureau for consultation, as long as there is a certificate issued by the village, the area survey and mapping map issued by the township, the general real estate certificate will be handled. Rural real estate certificates are not as simple as urban commercial houses, and the management is simpler.
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The rural real estate certificate is uniformly handled, why hasn't my family issued it yet?
This is the identification of the real estate of farmers. The real estate certificate is to have the right to confirm, not only the real estate, the homestead should also be confirmed, and now the whole country has been unified to the national fan to deal with the soil resources department, and the name has also been changed to the real estate certificate, no longer separate the real estate certificate and the homestead certificate. The rural real estate certificate is not a homestead use certificate.
The rural real estate certificate is a document that the property owner obtains the ownership of the house through self-construction, joint construction, division of property or transactions, and can exercise the right to occupy, use, benefit and dispose of the purchased house in accordance with the law; It is a legal certificate issued by the county and city housing management department in accordance with the law and the state protects the ownership of the house in accordance with the law. The homestead use certificate is a homestead use certificate obtained by an individual, which is issued by the village and town housing department and is a local certification document. The title deed is a basis for compensation for demolition.
The purpose of confirming the ownership of farmhouses is to confirm the ownership of farmhouses by farmers, so that all the profits generated by farmhouses in the future can be owned by farmers. Avoid disputes. In the past, many ownership rights of rural land were not clear due to historical problems, and land transfers between farmers were only through oral agreements, and you could directly consult the village committee to see whether the real estate certificate had been fully handled, and you had to go to the village committee or town committee to understand the specific details.
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Summary. If it exceeds this time, it may be because the house is not approved to belong to private construction, the house exceeds the area of the house set to build, the illegal construction of houses on agricultural land, the construction of houses on new homesteads and the old homesteads have not been demolished, etc., these houses are unable to receive the real estate ownership certificate. Hope it helps.
The rural real estate certificate is uniformly handled, why hasn't my family issued it yet?
If it exceeds this time, it may be because the house is not approved to belong to private construction, the house is more than which is the first to set the construction of the housing area, the illegal construction of the house on the agricultural land, the construction of the new homestead and the old homestead has not been demolished, etc., these houses are unable to obtain the real estate ownership certificate. Hope it helps.
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Reasons for developers.
1. The developer did not obtain the complete five certificates when selling the house.
The five certificates refer to the "State-owned Land Use Certificate".
Planning permit for construction land.
Construction Project Planning Permit
Construction Permit, Commercial Housing Pre-sale Permit or Commodity Housing Sales Permit. If any of the five certificates are missing, it is impossible to obtain a title certificate.
If the house with incomplete five certificates is not purchased, it is better for the buyer not to buy it. Many developers say that the relevant documents are being processed at the time of sale, and if the buyer must buy, he should pay attention to the housing management department to verify whether what the developer said is true. Buyers should pay special attention to whether the building they choose is within the scope of the pre-sale permit.
2. The developer changes the nature of the house and changes the plan without authorization.
Although the developer has obtained five certificates, it has changed the nature of the use of the house without permission. For example, if the housing management department approves a residential building, but the developer sells it as a commercial building, when he goes to apply for the title certificate, of course, he will not be able to apply for the title certificate of the commercial building. In addition, if the developer changes the plan without authorization and builds in violation of regulations, it is also impossible to obtain the housing capital.
3. The developer mortgages the house to others.
The developer has obtained five certificates and has obtained a large title certificate, but the developer has mortgaged the house to someone else, and at the same time, the house has been mortgaged. Buyers who buy this type of home are even more at risk. If the developer fails to fulfill the debts due in time, and the mortgagee demands the realization of the mortgage, the buyer will definitely have no title certificate, or even the right of residence.
No, in the end, the buyer can only get back the price paid through litigation, and whether he can get it back is another matter. Therefore, buyers should fully understand the condition of the house before buying a house.
4. The housing quality inspection is unqualified.
According to the "Regulations on the Quality Management of Construction Projects.
Article 16 The construction project experience can be delivered only if it is qualified. Only if the acceptance is qualified, the developer can deliver the house to the buyer for use. There are quality problems in the new houses built by the developer, and if they cannot pass the acceptance of the relevant departments, they will not have the conditions for delivery, they will not be able to hand over the house, and they will not be able to handle the house book.
5. The developer is in arrears with various fees and taxes and housing maintenance that should be paid to the state.
Wait. 6. Developers are unable to apply for real estate certificates for projects developed on collectively owned land.
The reason why rural areas should handle real estate certificates in a unified manner is that the state divides personal property clearly in order to better manage it in a unified manner. The main advantage of this for farmers is that the house you own is indeed recognized by the state.
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