I have a land certificate, and the other party wins the house lawsuit and the land belongs to that p

The parties have a land certificate, and when the court decides that the house belongs to the other party, then the land should also belong to the other party.

The other party may go through the formalities of land change with the judgment of the court.

This is based on the consistent principle of "unity of power and real estate ownership" in China.

Legal link: Article 51 of the Law on the Administration of Urban Real Estate Where the land use right to create a real estate mortgage is obtained by way of allocation, the mortgagee shall be compensated in priority only after the real estate is auctioned in accordance with the law, the amount equivalent to the land use right transfer fee payable shall be paid from the price obtained from the auction.

Article 182 of the Property Law Where a building is mortgaged, the right to use the construction land within the scope occupied by the building shall be mortgaged together. If the right to use the land for construction is mortgaged, the buildings on the land shall be mortgaged together.

Where the mortgagor fails to mortgage together in accordance with the provisions of the preceding paragraph, the property that has not been mortgaged shall be deemed to be mortgaged together.

Article 11 of the Interim Measures for the Administration of Allocated Land Use Rights: When transferring or mortgaging land use rights, the ownership of above-ground buildings and other attachments shall be transferred and mortgaged; When the ownership of above-ground buildings and other attachments is transferred or mortgaged, the land use rights within the scope of its use shall be transferred and mortgaged. However, above-ground buildings and other attachments are transferred as movable property.

First of all, in any case, the land belongs to the state or the collective, not to any one person.

Secondly, the land is with the real estate, and after the other party obtains the property right of the house, the corresponding land use right certificate can be handled.

The losing party bears all costs, except for the costs of the prosecution, which are paid by the prosecution. nn Case acceptance fees shall be paid in accordance with the following standards: (1) In property cases, according to the amount or value of the litigation claim, the following proportions shall be paid cumulatively:

1.if it does not exceed 10,000 yuan, 50 yuan shall be paid for each piece; 2.The part exceeding 10,000 yuan to 100,000 yuan shall be paid according to the payment; 3.

The part exceeding 100,000 yuan to 200,000 yuan shall be paid according to 2; 4.The part exceeding 200,000 yuan to 500,000 yuan shall be paid according to the payment; 5.The part exceeding 500,000 yuan to 1 million yuan shall be paid according to 1; The part exceeding 1 million yuan to 2 million yuan shall be paid according to the payment; 7.

The part exceeding 2 million yuan to 5 million yuan shall be paid according to the wheel shed license; 8.The part exceeding 5 million yuan to 10 million yuan shall be paid according to the payment; 9.The part exceeding 10 million yuan to 20 million yuan shall be paid according to the payment; 10.

The part exceeding 20 million yuan shall be paid according to the payment. (2) Non-property cases shall be paid in accordance with the following standards: 1

Divorce cases are subject to a fee of $50 to $300 per case. If the division of property is involved, and the total amount of property does not exceed 200,000 yuan, no additional payment shall be made; The part of the super search stool over 200,000 yuan shall be paid according to the payment. 2.

In cases of infringement of the right to name, title, portrait, reputation, honor and other personality rights, 100 to 500 yuan shall be paid for each case. If compensation is involved and the amount of compensation does not exceed 50,000 yuan, no additional payment shall be made; The part exceeding 50,000 yuan to 100,000 yuan shall be paid according to 1; The part exceeding 100,000 yuan shall be paid according to the payment. 3.

For other non-property cases, 50 to 100 yuan per case shall be paid. (3) In civil cases of intellectual property rights, where there is no amount or value in dispute, 500 to 1,000 yuan shall be paid for each case; Where there is a disputed amount or price, it is to be paid in accordance with the standards for property cases. (4) Labor dispute cases: 10 yuan per case.

5) Administrative cases shall be paid in accordance with the following standards: 1100 yuan for each trademark, patent, and maritime administrative case; 2.

For other administrative cases, 50 yuan shall be paid for each case. (6) If the parties raise an objection to the jurisdiction of the case, and the objection is not sustained, they shall pay 50 to 100 yuan for each case. The people of provinces, autonomous regions, and municipalities directly under the Central Government may, in light of the actual local conditions, formulate specific payment standards within the range provided for in items (2), (3), and (6) of this article.

Land Management Law of the People's Republic of China

Article 14. Disputes over land ownership and use rights shall be settled by the parties through negotiation;

If the negotiation fails, it will be handled by the people. Disputes between units shall be handled by the people at or above the county level;

Disputes between individuals and between individuals and units shall be handled by the people at the township level or at or above the county level. If the person concerned is dissatisfied with the disposition decision of the relevant people, he may file a lawsuit with the people's court within 30 days of receiving the notice of the disposition decision. Before the dispute over land ownership and use rights is resolved, neither party shall change the status quo of land use.

In fact, for most farmers now, because they themselves have only one role to control their land. But they didn't. Ownership of land.

Some people have such a problem in their lives, that is, in the case of a land certificate, there is a land dispute, so many people will have such a question, that is, is it necessary to hire a lawyer to help fight the lawsuit? In my personal opinion, I don't think this problem is necessary, and this can also be solved privately, so let's take a closer look.

1 Not necessarily

Now for most of the population in rural areas, because ** has issued a land certificate to them, and the land area of each household has been clearly marked on this land certificate. In addition, the address is also very clear, and if there is a dispute in this regard, I don't think it is necessary to hire a lawyer to file a lawsuit.

2 Can be resolved privately

In fact, many times we can find that for such similar problems, it is very common in rural areas, and it is also a common phenomenon, so some of them are discussing whether to go to lawsuit, in fact, I personally recommend that for this kind of private solution, try not to go to lawsuit, because the cost of litigation is very expensive, and the lawyer should also charge 10% of the lawyer's fee.

Therefore, we should also pay more attention to this aspect of the problem in our daily life, for everyone, before we do everything, we must better consider some of the consequences that will be caused, and we should learn to communicate better with others, when there is a dispute with others, we must first calm down and think rationally. We should try to minimize the contradictions, and I hope that some of the relevant understandings of this problem will be useful to you.

It is necessary to have a lawyer, although the title of the land is valid, but the ownership of the land belongs to the collective, and this nature has changed. Therefore, in the event of a dispute, it is not possible to directly determine your ownership and use rights. However, in the absence of evidence to the contrary and the registration of ownership, you can use this as direct evidence of ownership.

Of course, it is necessary, because you have the upper hand in this situation, and you are in a better position to protect your own interests.

It is necessary. Because hiring a lawyer can increase the probability of winning the lawsuit, and it can also solve the problem of this land dispute well, and it can also ensure your own economic benefits and legitimate rights and interests.

Details: Why can I fight a lawsuit:

2: The law protects lawful possession, as long as it is proved that such possession is lawful.

3: You can go to the Real Estate and Housing Bureau to check whose name the house is actually in, and if the unit, you can file a lawsuit with the court based on the sales contract between the unit and the certificate of the Real Estate and Housing Bureau.

5: If you can't prove that you are the property owner when you file a lawsuit, you can sue according to the contract and require it to bear the liability for breach of contract. Breach of contract only depends on the contract, not whether it belongs to the property owner.

1 The fact that you do not have a title deed does not mean that you do not have legal rights to the property, and you can claim it in court based on your contract with the unit and the contract between you and the tenant.

2: The law protects lawful possession, as long as it is proved that such possession is lawful.

3 You can go to the Housing and Housing Bureau to find out whose name the property actually owns, and if so, you can file a lawsuit in court based on the sales contract between you and the unit and the certificate from the Housing and Housing Bureau.

4 If it really doesn't work, let the unit sue for infringement in its own name.

5 If you cannot prove that you are the property owner when you sue for a lawsuit, you can sue for breach of contract and demand that you bear the liability for breach of contract. Breach of contract only depends on the contract, not whether you belong to the property owner.

It cannot be generalized, it depends on the specific situation. There are several scenarios:

1. The commercial housing on state-owned land has not been processed for the time being due to incomplete procedures or other reasons. When the conditions are ripe, you can apply for a real estate certificate. This kind of house can be bought and sold.

It should be noted that the buyer obtains the creditor's rights of the house, not the ownership of the house, and the contract must have clauses stipulating the seller's obligation to assist and liability for breach of contract, so it is recommended to go to a notary office for notarization.

2. Small property rights houses on collective land that have not been issued with real estate certificates. The law stipulates that small property rights on collective land may be bought and sold by members of the same collective. However, the small property rights on collective land are more complicated, some are self-built, some are "bought", and even illegal construction.

Some can apply for a small property right certificate, and some cannot apply for a real estate certificate. For this kind of property that has not been issued with a real estate certificate, it is recommended that the buyer stay away, otherwise disputes will easily occur in the future, and the gains outweigh the losses.

Summary. Hello! If you need evidence in a land dispute but can't provide it yourself, you can apply to the other party to show evidence!

According to the Civil Procedure Law of the People's Republic of China, the parties have the right to require the other party to present evidence in the litigation. You can submit an application for evidence preservation to the other party in writing and request the other party to submit relevant evidence. If the other party fails to submit relevant evidence, the court may make a ruling or judgment based on factual inference.

It should be noted that evidence preservation should be carried out within a reasonable period of time.

If there is a land dispute, and you can't produce evidence, can you let the other party take it?

Hello! If you need evidence in a land dispute but can't provide it yourself, you can apply to the other party to show evidence! According to the Civil Procedure Law of the People's Republic of China, the parties have the right to require the other party to present evidence in the lawsuit.

You may submit an application for evidence preservation to the other party in writing and request the other party to submit relevant evidence. If the other party fails to submit relevant evidence, the court may make a ruling or judgment based on factual inference. It should be noted that evidence preservation should be carried out within a reasonable period of time.

In land disputes, evidence is an important basis and support for resolving disputes. If you have sufficient and conclusive evidence, you will be more confident of winning your case. However, if you don't have enough evidence, or can't provide enough evidence, you can consider other solutions.

1.Settle with the other party: The other party also has certain demands, you can try to reach a settlement agreement that is acceptable to both parties, reduce the occurrence of disputes and disputes, and avoid long litigation and high litigation costs.

2.Look for other evidence: You lack evidence and can find other evidence to support your lawsuit in a variety of ways, such as human evidence, physical evidence, documentary evidence, etc.

At the same time, you can also inquire about relevant information and documents from relevant departments and institutions to obtain more powerful evidence!

Dear: What is your current situation?

It is a collective land dispute, and the evidence we have is a picture in 1992, with the seal of the village office, but not the official seal of the county and town, and the old people in the village say that the land in Liangji is ours, and now it is not run by our villagers. In this case, can we get the operator to issue a certificate of ownership?

You can go to the local county**, township**, village committee and other places to find relevant official documents, archives or certificates to understand the ownership of the land. 2.Solicit testimonies from village elders:

You can investigate the current use of the land and gather evidence of it. For example, you can photograph, **, or collect documents to prove that the land is currently being used by the operator you are accusing of. 4.

Application for judicial appraisal: If the land ownership or use right cannot be proved through the above methods, you can apply for judicial appraisal. Judicial appraisal refers to the process of conducting scientific inspection, measurement and evaluation of technical issues involved in a case of dispute by a judicial appraisal institution in accordance with the law, and making an appraisal conclusion.

You can apply to the local court for judicial appraisal to obtain a professional appraisal conclusion!

In the event of a homestead dispute, the disputed party needs to file a lawsuit with the court, and the lawsuit needs to meet the following conditions:

1. The plaintiff is a direct and powerful party in the dispute over the housing base;

2. The defendant is clear;

3. The plaintiff's claim and facts for the lawsuit are clear;

4. The plaintiff filed a lawsuit against the defendant in accordance with the competent court stipulated in the law.