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Anonymous users2024-02-13No, if you have a title deed, you have ownership, but you don't have the right to use it, so you can't trade it.
1.If the house only has a real estate certificate and no land certificate, it is difficult for the parties to protect their rights and interests from the source. The house and the land are indispensable and integral, and the legitimate rights and interests of the parties to the house ownership can be effectively controlled only when the certificate is issued for the record and the two rights subjects are consistent.
Second-hand commercial houses or single-family villas that have not obtained the "Real Estate Certificate" and "Land Certificate" or only have one certificate, or cannot handle the transfer of two certificates, need to be cautious in transactions.
2.The land is transferred to the land, and the land still belongs to **, and there is no land certificate or only a large land certificate, and there is no division according to how many households, resulting in each household not having a land certificate. There are historical problems with the land, and the real estate developers have not paid the taxes before, resulting in not applying for the land certificate, and the other is that the real estate developers have applied for the large land certificate and have not divided it according to how many households, resulting in each household not having a land certificate.
3.The house title certificate and the land certificate are closely linked. From a legal point of view, the house title certificate and the land certificate are inseparable from the proof that the owner has the property and its land use right, and without the land certificate, it means that the house owner does not have the right to use the land, so when the land is encroached upon, he cannot protect his legal rights.
The procedures for registration of real estate advance notice are as follows:
1. Apply for advance notice registration at the real estate registration agency where the real estate is located;
2. Submit the application**, identity documents, sales contract and other relevant materials;
3. Carry out inspection and review of the materials provided;
4. For those who meet the requirements, they shall be registered in advance.
Paragraph 1 of Article 221 of the Civil Code stipulates that if a party signs a contract for the sale and purchase of a house or an agreement on other immovable property rights, in order to ensure the completion of the Property Law in the future, it may apply to the filing authority for advance notice registration as agreed. After the advance notice is registered, if the immovable property is punished without the permission of the property owner who has registered the advance notice, the effect of the real right shall be avoided.
Paragraph 1 of Article 15 of the Interim Regulations on the Registration of Immovable Property stipulates that the parties concerned or their entrusted persons shall apply to the immovable property registration authority for registration of immovable property.
Article 221 of the Civil Code.
If the parties sign a contract for the sale and purchase of a house or sign an agreement on other real estate rights, in order to ensure the completion of the property law in the future, they may apply to the filing authority for advance notice registration as agreed. After the advance notice is registered, if the immovable property is punished without the permission of the property owner who has registered the advance notice, the effect of the real right shall be avoided.
Article 15 of the Interim Regulations on the Registration of Immovable Property.
The parties concerned or their authorized persons shall apply to the immovable property registration authority for the registration of immovable property.
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Anonymous users2024-02-12You can go to the local real estate registration agency to apply, and then submit your own identity certificate house sales contract and real estate certificate, after the application is passed, you can handle it, and the house without the land certificate cannot be traded.
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Anonymous users2024-02-11You first need to obtain the surveying and mapping form stamped by the surveying and mapping department of the Real Estate Bureau, I need to provide the relevant documents of the developer, and the permit needs to prepare the commercial housing sales contract and invoice, and go to the local housing bureau for processing; There is no way to trade a house without a land deed.
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Anonymous users2024-02-10You need to fill out the application form, then apply at the real estate registration office, and bring your personal identification and the contract of the house. This is not possible, generally speaking, the transfer of real estate must have complete information.
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Anonymous users2024-02-09Advance notice registration is only a way to ensure the realization of real rights, and real rights in immovable property can be obtained without advance notice registration. If a party signs an agreement for the sale and purchase of a house or an agreement on other real estate rights, in order to ensure the realization of real rights in the future, it may apply to the registration authority for advance notice registration in accordance with the agreement. If a party signs an agreement for the sale and purchase of a house or an agreement on other real estate rights, in order to ensure the realization of real rights in the future, it may apply to the registration authority for advance notice registration in accordance with the agreement.
After the advance notice is registered, if the movable property is disposed of without the consent of the right holder of the advance notice registration, the real right shall not take effect. After the advance notice is registered, if the creditor's right is extinguished or the application for registration is not made within 90 days from the date on which the immovable property can be registered, the advance notice registration shall become invalid. The certificate of ownership of the immovable property is the proof that the right holder enjoys the right to the immovable property.
Legal basis] Civil Code of the People's Republic of China
Article 221:When a party to a state enters into an agreement on the sale and purchase of a house or an agreement on other real estate rights, in order to ensure the realization of real rights in the future, it may apply to the registration authority for advance notice registration in accordance with the agreement. If, after the advance notice is registered, the immovable property is disposed of without the consent of the right holder of the advance notice registration, the real right shall not take effect.
After the advance notice is registered, if the creditor's right is extinguished or the application for registration is not made within 90 days from the date on which the immovable property can be registered, the advance notice registration shall become invalid.
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Anonymous users2024-02-08Legal analysis: if there is no housing advance registration certificate, it will not affect the normal transfer of the house, if the developer sells two houses, the parties can file a lawsuit with the people's court to revoke their breach of contract.
Legal basis: Article 221 of the Civil Code If a party signs an agreement on the sale and purchase of a house or an agreement on other real estate rights, in order to ensure the realization of real rights in the future, it may apply to the registration authority for advance notice registration in accordance with the agreement. Article 69 of the Housing Registration Measures After the pre-seller and the pre-purchaser enter into a contract for the sale and purchase of commercial housing, if the pre-seller fails to apply for advance notice registration with the pre-purchaser as agreed, the pre-purchaser may unilaterally apply for advance registration.
Article 68 If, after the advance notice is registered, an application for registration of the house is disposed of without the written consent of the right holder of the advance notice registration, the housing registration authority shall not handle it. After the advance notice registration, if the creditor's rights are extinguished or the corresponding housing registration can be carried out within three months from the date on which the party applies for housing registration, the housing registration authority shall handle the corresponding registration in accordance with the advance notice registration items.
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