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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.
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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 law of our country stipulates that if a self-built house does not have a real estate certificate, the parties can apply for confirmation of the right to the house, and the property ownership certificate can be applied for after the house is confirmed. Article 209 of the Civil Code of the People's Republic of China stipulates that the creation, alteration, transfer and extinction of immovable property 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.
Article 234 stipulates that if a dispute arises over the ownership or content of a real right, the interested party may request confirmation of the right. The process of applying for property right certificate for rural houses includes: submitting the application for building a house and related documents to the village committee, the village committee verifying and agreeing to seal and sign, submitting an application to the township construction office, signing and agreeing with the township construction office, submitting it to the county planning and construction bureau for approval, and the house builder receiving the property right certificate.
Legal basis. Article 11 of the Measures for Housing Registration of the Ministry of Construction of the People's Republic of China To apply for housing registration, the applicant shall apply to the housing registration agency where the house is located and submit the application registration materials. The original materials for application for registration shall be provided.
Where the original cannot be provided, a copy that has been confirmed by the relevant organs to be consistent with the original shall be submitted. The applicant shall be responsible for the authenticity, legitimacy and validity of the application registration materials, and shall not conceal the true situation or provide false materials to apply for housing registration.
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It needs to be done as soon as possible. Rural House Title Certificate.
The process includes: (1) the applicant submits the following materials to apply: (2) acceptance, after submitting the materials required for the rural real estate certificate, the staff will accept it; (3) Announcements; (4) Review; (5) Fees; (6) Recorded in the register; (7) Issuance of certificates.
The process of handling the real estate certificate of rural houses and homesteads is very simple, and it can be handled according to the instructions of the staff under normal circumstances.
Legal basis: Measures for Housing Registration.
Article 83 Where an application for initial registration of house ownership is made for the lawful construction of a house, the following materials shall be submitted:
1) Application for registration;
2) Applicant's identity certificate:
3) The right to use the homestead.
Proof or collective ownership of the right to use construction land.
Prove; 4) The application for registration of the house conforms to the urban and rural planning.
proof of the 5) Housing surveying and mapping report or village floor plan;
6) Other necessary materials.
Where an application is made for the initial registration of a villager's housing ownership, it shall also be submitted that the applicant belongs to the rural collective economic organization where the house is located.
Proof of membership.
Where a rural collective economic organization applies for initial registration of house ownership, it shall also submit supporting materials with the consent of the villagers' meeting or authorized by the villagers' meeting and approved by the villagers' representative meeting.
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This depends on your local policy, and it usually takes a few years to issue a few instructions, so it is recommended that you sort out the materials, submit them to the village committee, and listen to the village committee's arrangements.
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There must be villagers with permanent residence in the village. in order to apply for a real estate certificate.
1) In areas where the per capita cultivated land is less than one mu: 40 square meters for households with less than 4 people. 5 to 7 people 50 square meters. 60 square meters for more than 8 people.
2) Areas with less than 1 mu of cultivated land per capita: 50 square meters for households with less than 4 people. 60 square meters for 5 to 7 people. 80 square meters for more than 8 people.
3) More than 1 mu of cultivated land per capita and remote mountainous areas: households with less than 4 people.
These three conditions must be met.
Eligible rural residents are required to provide the following documents in order to submit an application:
1) Proof of identity of the head of household.
2) Application form for residential construction land.
3) Site boundary map drawn by field survey (scale 1:500).
4) Review and approve other documents deemed necessary by the approval authority.
5) If you apply for a new residential building for rural residential construction in an urban development area, you also need to have a "Construction Land Planning Permit" issued by the municipal planning administrative department.
When applying for the registration of rural real estate rights, the applicant must prepare the following materials:
1) Application form.
2) Identity documents, household registration certificates, or qualification certificates of legal persons and other organizations.
3) Land use, planning approval documents, housing completion acceptance certificates or rural housing donation, inheritance, transfer contracts or approval documents and other ownership certificates.
4) Real estate surveying and mapping.
5) Other documents and materials stipulated by laws and regulations.
There are two types of property title deeds. One is to use the construction land owned by the peasant collectives to build houses, and the rural real estate ownership certificates of the collective land are issued. In the case of joint ownership of houses, a certificate of co-ownership of real estate rights to collective land shall be issued.
I don't know which one yours is. If the collective method is different, there is also ah, this kind of can only be used for one's own residence, cannot be transferred, and cannot be rented. It is also not allowed to be gifted or used for any other purpose.
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Why can't it be done? Are all the materials handed in? According to Article 45 of the Detailed Rules for the Implementation of the Provisional Regulations on the Registration of Immovable Property, where an applicant applies for the first registration of the right to use collective construction land and the ownership of buildings and structures, the applicant shall submit the following materials according to different circumstances:
A) the people who have the right to approve the approval of land use documents and other land ownership materials;
B) the construction project conforms to the planned materials;
3) Title survey form, parcel map, house plan, parcel boundary point coordinates and other materials related to real estate boundaries, areas, etc.;
4) Materials for which the construction project has been completed;
5) Other necessary materials.
After the completion of the first registration of the right to use collective construction land, if the applicant applies for the first registration of the ownership of buildings and structures, he shall submit a certificate of ownership of the immovable property that enjoys the right to use collective construction land.
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Hello very happy with your question.
1. The house is privately built, without approval, or beyond the approved area of the rural construction not only needs to be approved, but also has relevant building procedures, if your house is not legally approved, it will be difficult to get the real estate certificate, and even face the risk of being demolished.
2. Build a house on the new homestead, the old homestead has not been demolished in the countryside, and the house must follow the principle of "one household, one house", if the house is built on the newly acquired homestead, and the old homestead house is not demolished, or the old homestead is not returned to the village collective, it violates the principle of "one household, one house", and the new house will not get the real estate certificate.
3. Your village is a demolition village planned by the city and county, when your village is going to be demolished, then it is normal not to give a real estate certificate, as for what reason you think about it! In addition, some people have moved their hukou to the city, and the homestead can only be used by farmers, which causes the ownership of the homestead to no longer be yours, and the natural real estate certificate cannot be handled.
Hello, there is still a big problem without a real estate deed.
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In this case, it is still necessary to go to the relevant department to communicate and verify it, and figure out the reasons why it cannot be done, so as to solve it in a targeted manner.
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If there is a problem with the formalities, ask the staff who are doing the work.
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Generally, it is for you to apply for a homestead confirmation certificate.
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The reason why the house can't get the title deed.
1) Reasons of the developer: If the project fails to pass the completion and acceptance, it cannot meet the standard of delivery.
2) The buyer's own reasons. For example, the buyer did not provide the relevant information and identification required by the housing registration authority.
3) Policy reasons. Due to some purchase restrictions in some areas, certain conditions cannot be met and the property right certificate cannot be processed.
Article 209 of the Civil Code stipulates that the creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with lawWithout registration, Ominous Mori shall 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.
Law of the People's Republic of China on the Management of Urban Real Estate
Article 60. The State implements a system of registration and issuance of certificates for land use rights and house ownership.
Land Management Law of the People's Republic of China
Article 62.
Rural villagers building houses shall conform to the overall land use plan of the township and township and the village plan, shall not occupy permanent basic farmland, and shall use the original homestead land and vacant land in the village as much as possible. In the preparation of overall township land use plans and village plans, the overall planning and rational arrangement of homestead land shall be made to improve the environment and conditions for rural villagers to live in the spring. The residential land of rural villagers shall be reviewed and approved by the township people
Among them, if it involves the occupation of agricultural land by the wheel, it shall be in accordance with this Law.
Land Management Law of the People's Republic of China
Article 44.
The regulations of the examination and approval procedures.
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