The house in the countryside does not have a real estate certificate, and it is said that it is a si

There is no real estate certificate for a rural house, and it is said that it is a signed agreement, can it be bought? Divide the situation. Why?

1. Because the rural homestead belongs to the village collective economy, even if the rural house can be sold, it can only be sold to the people of the village collective economy, and the person who wants to buy must also meet the conditions for applying for the homestead, and there is no homestead under his name, which meets the requirements of household division, so as to go through the legal procedures. However, it is worth noting that after the seller sells the house, it is equivalent to ** his homestead at the same time, so he can no longer re-apply for the homestead to build a house.

2. There are also some rural houses that belong to the resettlement houses after demolition, and there are several sets of houses, so many people want to buy this kind of house cheaply. However, this kind of house is basically a small property right house, and the land transfer fee and other fees have not been paid, and the property right certificate is not issued by the state housing management department, so it is no problem to rent it, but there is a problem when it comes to transactions.

Our law strictly prohibits the transaction of small property rights, no matter what kind of agreement you write in private, it is not protected by the law, so once there is a dispute, you may suffer economic losses, so you must not buy. For example, if the original owner divorces the property, the property will be divided, and if he has debts sued, then the property will be listed by the court as enforceable property.

On May 14, the Ministry of Natural Resources issued a notice on "Accelerating the Registration of the Right to Use Homesteads and Collective Construction Land", which clearly stipulates that urban residents who illegally purchase homesteads and houses with small property rights shall not be registered, and illegal land use shall not be legalized through registration.

First of all, I used to be a rural land manager, so I know a lot about it. In rural areas, many houses only have land certificates but no real estate certificates, so such houses can only be bought or sold privately by signing a house sale and purchase agreement. In order to be safe, it is better to let the seller apply for the real estate certificate first, and then transfer the ownership to the buyer, so that things are perfect.

If you sign a separate agreement for the sale and purchase of the house, and then you buy and move in, but the name on the land deed is still the name of the original owner. If you want to change the name of the house to yourself after a few years, you must first have the real estate certificate to handle it, and then you need to apply for the real estate certificate to the original owner, because the land certificate is still in his name. At this time, the problem arises, if the original owner is an honest person, it is better to say, if it is not for him, he will make it difficult to delay, and even directly ask for benefits.

Personally, it is best to buy a house with a title deed that can be transferred directly, so that there will be no tail afterwards. Hope mine can you help.

Can't buy it, because such a house doesn't have any guarantees. There is a certain amount of risk.

In accordance with the provisions of China's land management law and property law, the rural homestead regardless of whether it has been registered, does not affect the exercise of rights by the land use right holder, the reason for not issuing the certificate is not in the land use right holder, if you transfer the homestead to the members of the collective economic organization, it is valid, and the transfer to a person other than the member of the collective economic organization is invalid, in addition, you can no longer obtain the homestead use right after the transfer of the homestead, you can transfer the right to use the land, it is recommended to interview with a lawyer, Liu Huanting's legal service team will answer for you.

I don't think you can buy a house like this! After all, if the three certificates are not complete, it will not be easy to start a lawsuit when something happens.

Such a sale and purchase agreement is null and void. Rural homesteads are owned by rural collectives and can only be traded between villages. In addition, the house and land are an inseparable whole, and the legitimate rights and interests of the property owner can only be effectively protected if the certificate is issued and registered and the two rights subjects are the same.

Therefore, the purchase of a house by a non-villager in the village will not be protected by law, or will be judged to be invalid.

According to Article 10 of the Land Management Law of the People's Republic of China, the land owned by the peasant collectives belongs to the village peasant collectives in accordance with the law, and shall be operated and managed by the village collective economic organizations or villagers' committees;

Where a farmer's collective is already owned by two or more rural collective economic organizations in the village, it shall be operated and managed by each of the rural collective economic organizations or villagers' groups in the village; Those that are already owned by township (town) peasant collectives shall be operated and managed by township (town) rural collective economic organizations.

Article 63 The right to use land owned by peasant collectives shall not be assigned, transferred or leased for non-agricultural construction; However, enterprises that conform to the overall land use plan and have obtained construction land in accordance with the law, except for the transfer of land use rights due to bankruptcy, merger and other circumstances.

For rural houses without real estate certificates, the sales contract is still valid, but only the creditor's rights are enjoyed, and the real rights of the house are not changed. The lack of a real estate certificate for a rural house due to the failure to go through the registration of real rights is a matter of change in real rights, which does not affect the validity of the sales contract.

Article 209 of the Civil Code.

The creation, alteration, transfer and extinction of immovable property rights shall be effective 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 regarding the establishment, alteration, transfer and extinction of the right to movable property 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 contract for the sale and purchase of a rural house without a real estate certificate is invalid. Real estate is not transferable without a title certificate.

Legal basis: Article 38 of the Law of the People's Republic of China on the Management of Urban Fangminye Real Estate The following real estate shall not be transferred:

1) Where the land use right is obtained by way of transfer, it does not meet the conditions provided for in Article 39 of this Law;

2) Judicial and administrative organs make rulings or decisions in accordance with law to seal up objects in bridges or otherwise restrict real estate rights;

3) recovering the right to use land in accordance with law;

4) Co-ownership of real estate, without the written consent of the other co-owners;

5) the ownership is disputed;

6) Failure to register and receive a certificate of ownership in accordance with law;

7) Other circumstances where laws or administrative regulations prohibit transfer.

The sale and purchase contract of a rural house without a real estate certificate is invalid. According to the provisions of the Urban Real Estate Management Law of the People's Republic of China, real estate that has not been registered in accordance with the law and obtained a certificate of ownership shall not be transferred. Article 38 of the Law of the People's Republic of China on the Administration of Urban Real Estate The following real estate shall not be transferred:

1) Where the land use right is obtained by way of transfer, it does not meet the conditions provided for in Article 39 of this Law; (2) Where judicial or administrative organs make rulings or decisions to seal up or otherwise restrict real estate rights in accordance with law; 3) recovering the right to use land in accordance with law; 4) Co-ownership of real estate, without the written consent of the other co-owners; 5) the ownership is disputed; 6) Failure to register and receive a certificate of ownership in accordance with law; 7) Other circumstances where laws or administrative regulations prohibit transfer.

The sale and purchase contract of a rural house without a real estate certificate is invalid. Article 148 of the Civil Code stipulates that a contract that violates the mandatory provisions of laws and regulations is invalid, and therefore, a house sale contract without a real estate certificate is invalid. The following premises are wide and non-transferable:

1) Where the land use right is obtained by way of transfer, it does not meet the conditions provided for in Article 496 of this Law; (2) Where judicial or administrative organs make rulings or decisions to seal up or otherwise restrict real estate rights in accordance with law; 3) recovering the right to use land in accordance with law; (4) Jointly owned real estate, without the written consent of other co-owners who are prudently allocated; 5) the ownership is disputed; 6) Failure to register and receive a certificate of ownership in accordance with law; 7) Other circumstances where laws or administrative regulations prohibit transfer.

Legal basis: Article 148 of the Civil Code.