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You can't buy a house without a title deed and only a land deed. When going through the real estate transfer procedures, the parties must provide the real estate certificate, land certificate, and deed tax certificate, otherwise the transfer cannot be made. If the transfer of ownership is not possible, the buyer will not be able to settle down.
Only the real estate certificate without the land use right certificate will inevitably bring the following risks to the purchase and transaction of residential real estate: it is difficult to know the situation of setting a mortgage on the land use right, and it is impossible to avoid the risk in time.
[Legal basis].
Article 210 of the Civil Code of the People's Republic of China The registration of immovable property shall be handled by the registration authority where the immovable property is located.
The State implements a unified registration system for immovable property. The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.
Article 217 The certificate of ownership of immovable property is proof that the right holder enjoys the right to the immovable property. The matters recorded in the certificate of ownership of immovable property shall be consistent with the immovable property register; In the event of inconsistencies in the records, the immovable property register shall prevail unless there is evidence to prove that there is an error in the immovable property register.
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It's better not to buy it. There is a high probability that such a house will become a building violation. I don't know when it will be demolished or catch up with the demolition, only the land money will be given, not the house money.
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It can't be bought, it belongs to a small property right house, and there is no guarantee.
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Legal Analysis]: It is best not to buy a house with a land use right certificate and no real estate certificate. A house without a land certificate is not illegal, and a house without a property ownership certificate will not have a problem in residence, but the house does not have an independent property ownership certificate, and you can't go to the bank for a mortgage to buy these houses, because the bank mortgage requires a complete property ownership certificate and a land certificate.
If you just live and don't invest, then there is no problem. Because you can apply for the real estate certificate, you can prove that the house belongs to the parties, and even if you buy it in the future, you can also get compensation. You can go to the land department to consult why the real estate certificate after the separation of each household has not been processed.
Therefore, when buying a house, you must consult in detail to see if the developer's information is complete, so as to avoid the trouble of making up for it later.
Legal basis: "Interim Regulations on the Registration of Immovable Property" Article 14 Where an application for registration of immovable property is made for sale, creation of mortgage, etc., both parties shall jointly apply for it.
In any of the following circumstances, the parties may apply unilaterally:
1) The immovable property that has not yet been registered is applied for registration for the first time;
2) Inheritance or acceptance of bequests to acquire immovable property rights;
3) The establishment, modification, transfer, or extinction of immovable property rights in effective legal documents of the people's courts or arbitration commissions, or effective decisions of the people's courts;
4) The name or title of the right holder or the natural situation changes, and the application for modification of registration is made;
5) The immovable property is lost or the right holder gives up the rights of the immovable property and applies for cancellation of registration;
6) Applying for correction of registration or objection to registration;
7) Other circumstances where laws or administrative regulations provide that a unilateral application may be made by the parties.
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Summary. You can't buy a house with a title deed without a land deed. When buying a house with only a real estate certificate and no land certificate, when going through the real estate transfer procedures, the parties must provide the real estate certificate, land certificate and deed tax certificate, otherwise the transfer cannot be made.
Therefore, if people buy a house with a title deed but no land deed, the transfer will definitely be rejected. If the transfer of ownership cannot be completed, the buyer will not be able to settle down.
You can't buy a house with a title deed without a land deed. When buying a house with only a real estate certificate and no land certificate, when going through the real estate transfer procedures, the parties must provide the real estate certificate, land certificate and deed tax certificate, otherwise the transfer cannot be made. Therefore, if people buy a house with a title deed but no land deed, the transfer will definitely be rejected.
If the transfer of ownership cannot be completed, the buyer will not be able to settle down.
Hope it helps.
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Now there are more and more houses, but no matter what kind of house, there is a demand, many people after buying a house, pay more attention to the handling of the real estate certificate, but often ignore an important document, that is, the land certificate, speaking of the land certificate, some people are a little blind, do not know much about the land certificate, so the house only has the real estate certificate without the land certificate can be bought? Next, let's find out together!
1. When going through the real estate transfer procedures, the parties must provide the real estate certificate, land certificate and deed tax certificate, otherwise the transfer cannot be made. If the transfer of ownership cannot be completed, the buyer will not be able to settle down. Only the real estate certificate without the land use right certificate will inevitably bring the following risks to the purchase and transaction of residential real estate:
It is difficult to know the situation of creating a mortgage on the land use right, and it is impossible to avoid risks in a timely manner.
2. It is difficult to find out the fact that the developer uses land in violation of regulations. Second-hand housing transactions will be affected. The Urban Real Estate Management Law stipulates that real estate listing transactions must present a house ownership certificate and a state-owned land use right certificate.
3. Losses will be suffered in the compensation for demolition. Article 3 of the Guiding Opinions on the Valuation of Urban Housing Demolition stipulates that the assessment of housing demolition is the real estate market of demolished houses. Therefore, the compensation for demolition and relocation includes not only the value of the ownership of the house, but also the value of the land use right.
If the buyer does not apply for the land use right certificate, he may not be able to obtain the corresponding compensation for the land use right during the demolition process.
4. If there is no land certificate when applying for a house mortgage, some banks can handle it, but the other part of the bank must have a complete real estate certificate and a land certificate before they can apply for a house mortgage.
The house cannot be transferred without a title deed.
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