How to determine the ownership of real estate rights

Ownership of immovable property rights is confirmed in accordance with the following rules:

1. The most direct way to confirm the ownership of immovable property is to rely on the registration record.

The establishment, transfer, and alteration of immovable property rights are disclosed to the public through registration, so that the public can understand the status of real rights formed on a certain immovable property. The registration system is of great significance to the establishment and maintenance of the market economic order. Its role is to determine the ownership of property rights, resolve conflicts of property rights and protect the security of transactions.

Specifically, it is through registration that it is possible to determine who owns a certain real estate right, and the right holder recorded in the registration is actually the legal determination of the ownership of the real right.

In other words, the right holder recorded in the registration is the person who enjoys the right recognized by law. Even if there is an error in the registration, it can only be presumed that the person recorded in the registration is the real right holder until the registration is changed. Once registration has been implemented, the most effective definition of the right in rem is made.

In these cases, the first step is to identify the owner of the immovable property on the basis of the registration record. That is, whoever is registered is the owner of the house.

2. The distinction between the validity of registration and the validity of a contract cannot be mechanically understood in the process of transfer of ownership.

In practice, many people often confuse the difference between the validity of a contract and the validity of registration. Some people even believe that the contract is the basis for determining the right to immovable property, and a legal and valid contract clearly indicates who the owner of the immovable property is. For real estate rights, registration is the most direct way to determine the owner of the real right, rather than a legally effective contract between the two parties, which is only the basis of the creditor's right, not the real right.

The view that property rights are determined by contract must be changed.

Registration is set up for the change of civil rights, and is a method of publicity of real rights, before registration, the parties have reached an agreement on the transfer of immovable property, and the contractual relationship has been established and effective. At this time, if either party violates the contract, then it will be liable for breach of contract. If registration is confused with the validity of the transaction, then the transaction that has not been registered for various reasons is invalid, which is not conducive to protecting the rights and interests of the parties to the contract.

Where there are multiple rights in the same immovable property, the following rules shall be used to distinguish the succession of the rights.

If there are two or more contradictory real rights in the same immovable property, firstly, the rights of the owner shall take precedence over the mortgagee; Ownership and mortgage rights have priority over other claims obtained as a result of the contract as real rights. Second, registered rights should have priority over unregistered rights. Where all are registered, the order of time of registration shall be used to determine which real right should be confirmed and protected, and the rights registered earlier shall be realized first.

In addition, according to the provisions of the Security Act, the creation of a mortgage on immovable property must be registered, otherwise it will not be effective. In a registered mortgage, the earlier mortgage has priority over the later mortgage.

Legal analysis: the establishment, alteration or extinction of real estate rights must be registered in principle, and the real rights are not recognized without registration, nor are any changes in the real rights recognized.

Legal basis: Article 209 of the Civil Code of the People's Republic of China The creation, alteration, transfer and extinction of real estate 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.

The creation of immovable property rights is subject to registration. China implements a unified registration system for immovable property, and the acquisition and alteration of ownership of immovable property is marked by the registration of immovable property rights, and the establishment, alteration, transfer, and extinction of immovable property rights shall take effect after registration in accordance with the law.

[Legal basis].

Article 21 of the Interim Regulations on the Registration of Immovable Property.

The registration of the registered items is completed when they are recorded in the immovable property register. When the immovable property registration institution completes the registration, it shall issue the immovable property ownership certificate or registration certificate to the applicant in accordance with the law.

Article 209 of the Civil Code.

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 215.

Unless otherwise provided by law or otherwise agreed by the parties, a contract between the parties relating to the establishment, alteration, transfer and extinction of real estate rights shall take effect upon the conclusion of the contract; If the property right is not registered, the validity of the contract shall not be affected.

Legal analysis: The establishment, alteration, transfer and extinction of immovable property rights shall be legally effective after being registered in accordance with the law, and shall not have legal effect without registration, unless otherwise provided by law.

Legal basis: Article 209 of the Civil Code of the People's Republic of China The creation, alteration, transfer and extinction of real estate rights shall become legally effective upon registration in accordance with law, and shall not take legal effect without registration, except as otherwise provided for in the sale of socks in law.

The creation of immovable property rights shall be legally effective when it is registered in accordance with the law, and shall not be legally effective without registration. China implements a unified registration system for immovable property, and the establishment, alteration, transfer and extinction of immovable property rights shall be subject to the registration of property rights.

[Legal basis].Article 214 of the Civil Code.

Where the creation, alteration, transfer or extinction of immovable property rights shall be registered in accordance with the provisions of law, they shall take effect when they are recorded in the immovable property register.

Article 215.

Unless otherwise provided by law or otherwise agreed by the parties to the contract of renunciation concerning the creation, modification, transfer and extinction of immovable property rights, the contract shall take effect upon the conclusion of the contract; If the property right is not registered, the validity of the contract shall not be affected.

The creation of immovable property rights includes: the creation, alteration, transfer and extinction of immovable property rights, which shall become effective upon registration in accordance with law; Without registration, it will not be effective. The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Article 208 of the Civil Code stipulates that the creation, alteration, transfer and extinction of immovable property rights shall be registered in accordance with the provisions of the law. The creation and transfer of movable property rights shall be delivered in accordance with the provisions of law.