Land tenure in all countries is a matter of several years

Legal analysis: 1. The term of the use right of state-owned land.

1) Term of land use right allocation: Unless otherwise provided by laws and administrative regulations, there is no restriction on the term of use of land use rights obtained by way of allocation in accordance with the provisions of this Law.

2) The tenure of the transferred land use right: the tenure of residential land is 70 years, the tenure of industrial land is 50 years, the tenure of education, science and technology, culture, health and sports land is 50 years, the tenure of commercial, tourism and entertainment land is 40 years, and the tenure of comprehensive or other land is 50 years.

2. The term of farmers' collective land use rights.

1) The term of agricultural land use right: the term of use of cultivated land is 30 years, the term of use of grassland is 30 to 50 years, the term of use of forest land is 30 to 70 years, and the term of use of special forests can be extended with the approval of the competent forestry administrative department.

2) The term of the right to use the homestead: indefinite, you can inherit it to your children.

3) Term of construction land use right: The land use right obtained through land allocation and rural construction land procedures is indefinite; Where the right to use construction land is obtained through the transfer of the right to use construction land, the term of use is the same as the term of the transferred land use right.

Legal basis: Interim Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Rights

Tenth land use rights transfer of plots, uses, years and other conditions, by the municipal and county people's land management departments in conjunction with the urban planning and construction management departments, real estate management departments jointly develop a plan, in accordance with the provisions of the approval authority to report, by the land management department implementation.

Article 12 The maximum term of land use right transfer shall be determined according to the following purposes:

1) Residential land for 70 years;

2) 50 years of industrial land;

3) 50 years of land for education, science and technology, culture, health, and sports;

4) Commercial, tourism, and dust-bucket type recreational land for 40 years;

5) Fifty years for comprehensive or other land use.

13th land use rights transfer may take the following ways:

a) the Agreement; b) Bidding;

3) Auctions. The specific procedures and steps for the transfer of land use rights in accordance with the methods provided for in the preceding paragraph shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

1) Allocation of land use right term: In accordance with Article 22 of the Urban Real Estate Management Law, if the land use right is obtained by way of allocation in accordance with the provisions of this Law, there is no limit on the term of use, except as otherwise provided by laws and administrative regulations.

2) Term of land use right: According to Article 12 of the Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights, the service life of Juweifuhong residential land is 70 years, the service life of industrial land is 50 years, the service life of education, science and technology, culture, health and sports land is 50 years, the service life of commercial, tourism and entertainment land is 40 years, and the service life of comprehensive or other land is 50 years.

Article 12 of the Interim Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Rights.

The maximum term of land use right issuance shall be determined according to the following purposes:

1) Residential land for 70 years;

2) 50 years of industrial land;

3) 50 years of land for education, science and technology, culture, health, and sports;

4) Commercial, tourism and entertainment land for 40 years;

5) Fifty years for comprehensive or other land use.

Article 21 of the Rural Land Contract Law.

The contract period for cultivated land is 30 years. The contract period for the grassland is 30 to 50 years. The contract period for forest land is 30 to 70 years. After the expiration of the contract period for cultivated land provided for in the preceding paragraph, it shall be extended for another 30 years, and after the expiration of the contract period for grassland and forest land, it shall be extended accordingly in accordance with the provisions of the preceding paragraph.

Generally speaking, the land use right for residential buildings is 70 years, the land use right for apartments is 40 years, and the homestead land is generally longer.

The term of national land use rights is as follows:

1) Residential land for 70 years;

2) 50 years of industrial land;

3) 50 years of land for education, science and technology, culture, health, and sports;

4) Commercial, tourism and entertainment land for 40 years;

5) Fifty years of other land use for the comprehensive or finch person.

Legal basis] Article 12 of the Provisional Regulations of the People's Republic of China on Deed Tax, the maximum term of land use right transfer shall be determined according to the following purposes: (1) 70 years of residential land;

2) 50 years of industrial land;

3) 50 years of land for education, science and technology, culture, health, and sports;

4) Commercial, tourism and entertainment land for 40 years;

5) Fifty years for comprehensive or other land use.

Ten years, twenty years, thirty years, fifty years, ninety years,

1. The laws and regulations of the State on the term of land use.

According to Article 12 of the Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights, the maximum term of land use right transfer shall be determined according to the following purposes:

70 years of residential land;

50 years for industrial land;

The term of land for education, science and technology, culture, health and sports is 50 years;

40 years for commercial, tourism and entertainment land;

50 years of storage land;

50 years for comprehensive or other land use.

2. Methods for calculating the term of land use rights.

1. The essence of the amendment to the term of land use rights.

The term of land use right refers to the term of land use right agreed in the contract in the land transaction. The length of the term of the land use right directly affects the number of years for which the land can be used and the corresponding land income is obtained. If the annual income of the land is determined, the longer the use period of the land, the more the total income of the land, the higher the land use efficiency, and the higher the quality of the land.

Therefore, through the amendment of the term of land use right, the difference caused by the different use period can be eliminated.

2. Correction method.

1) The correction factor of the period is calculated using the following formula:

where: k - the period correction factor that corrects the age of the comparison case to the age of the parcel to be valued;

r——land reduction rate;

m – tenure of the parcel to be assessed;

n – the tenure of the right of use of the comparative case.

2) Use the term correction coefficient to revise the land price of the transaction case, i.e., there are:

Land price after term correction = Comparison case** k

Case difference: If the transaction price of the selected comparative case is 500 yuan per square meter, the corresponding tenure of the right to use is 30 years, and the term of the parcel to be assessed is 20 years, and the land restoration rate of the city is 8%, the term is revised as follows:

Land price after maturity correction = 500 1-1 (18%)20 [1-1 (18%)30]=yuan m

3. What are the ways to acquire land?

1. Allocate the right to use state-owned land.

Allocation of land use rights: refers to the act of handing over land users for use or free of charge after paying compensation and resettlement fees approved by the people in accordance with the law.

2. Transfer the right to use state-owned land.

It refers to the act of the state transferring the state-owned land use right to the land user within a certain period of time, and the land user pays the land use right transfer fee to the state.

Transfer: It refers to the land use right to be transferred**.

3. The state contributes and shares in the use right of state-owned land.

It refers to the act of the state taking the state-owned land use right for a certain number of years as the value of the newly established enterprise after the reorganization as capital contribution, and the land use right is held by the newly established enterprise, which can be transferred, leased or mortgaged in accordance with the land management laws and regulations and the provisions on the transfer of land use rights.

4. The state leases the right to use state-owned land.

1. Land use period: Land use period refers to the service life enjoyed by legally acquired land. The land tenure of the dwelling is 70 years, counting from the time of acquisition of the land use right of the district.

Land use rights include the right to occupy, use, benefit and limit the disposal of land. 2. The term of land use right transfer: (1) 70 years for residential land; 2) 50 years of industrial land; (3) For 50 years, the land used for education, science and technology, culture, health, and sports has been hidden; 4) Commercial, tourism and entertainment land for 40 years; 5) Fifty years for comprehensive or other land use.

In addition, the land for gas stations and gas stations is 20 years. 3. After the expiration of the term of land use right transfer, there are two ways to deal with it: (1) Under normal circumstances, the land user shall approve the renewal of the land user's application for renewal.

In accordance with the provisions, the expiration of the term of use agreed in the contract for the transfer of land silver fiber use rights, if the land user needs to continue to use the land, he shall apply for renewal no later than one year before the expiration, in addition to the need to recover the land according to the public interest, the application for renewal shall be approved, and if it is renewed after approval, the land use right transfer contract shall be re-signed and the land use right transfer fee shall be paid according to the regulations. (2) ** Resumption of land use rights without compensation, if the land user does not apply for renewal or applies for renewal but is not approved, the land use right shall be recovered by the state without compensation. According to the provisions, upon the expiration of the land use right, the ownership of the land use right and the above-ground buildings and other attachments shall be acquired by the state free of charge.

That is to say, while the state recovers the right to use the land, it also recovers the ownership of buildings and other attachments free of charge. Generally speaking, only state-owned land use rights can be transferred and transferred in China, but collective land use rights are not, and different land uses in China have different years.

Civil Code of the People's Republic of China

Article 359.

If the term of the right to use land for residential construction expires, it shall be automatically renewed. The payment or reduction of renewal fees shall be handled in accordance with the provisions of laws and administrative regulations. The renewal of the right to use land for non-residential construction after the expiration of the term shall be handled in accordance with the provisions of law.

If there is an agreement on the ownership of houses and other immovable property on the land, it shall be in accordance with the agreement;

Where there is no agreement or the agreement is not clear, it is to be handled in accordance with the provisions of laws and administrative regulations.

Legal analysis: 1. 70 years of residential land;

2. 50 years of industrial land;

3. 50 years of land for education, science and technology, culture, health and sports;

4. 40 years of commercial, tourism and entertainment land auctions;

5. 50 years for comprehensive or other land use.

Legal basis: "Interim Regulations of the People's Republic of China on the Assignment and Transfer of the Right to Use Urban State-owned Land" Article 12 The maximum term of land use right transfer shall be determined according to the following purposes:

1. 70 years of residential land;

2. 50 years of industrial land;

3. 50 years of land for education, science and technology, culture, health and sports;

4. 40 years of commercial, tourism and entertainment base wheeling land;

5. 50 years for comprehensive or other land use.

The land tenure of the house is 70 years. The land to which the residential land belongs has a land use period of 70 years, and after the expiration of the term, you can pay the land transfer fee and apply for the land use right again according to the land price level at that time.

[Legal basis].Article 12 of the Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights.

The maximum term for the transfer of land use rights shall be determined according to the following purposes:

1. 70 years of residential land;

2. 50 years of industrial land;

3. The term of land for education, science and technology, culture, health and sports is 50 years;

4. 40 years of commercial, tourism and entertainment land;

5. Storage land for 50 years;

6. 50 years for comprehensive or other land use.

Article 359 of the Civil Code.

If the period of the right to use the residential construction with regret expires, it shall be automatically renewed. The renewal of the precursor period of the right to use non-residential construction land shall be handled in accordance with the provisions of law. If there is an agreement on the ownership of houses and other immovable properties on the land, it shall be in accordance with the agreement; Where there is no agreement or the agreement is not clear, it is to be handled in accordance with the provisions of laws and administrative regulations.

Land use rights in China are generally 70 years. Among them, 40 years for commercial, tourism and entertainment land; 50 years for industrial, educational, scientific, technological, cultural, health, sports, warehousing, comprehensive or other land use; Residential land is 70 years. The term of land transfer shall be calculated from the date on which the developer obtains the land use certificate of the plot, and the land use right can be re-obtained by continuing to pay the land transfer fee upon expiration.

[Legal basis].Article 12 of the Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights.

The maximum term for the transfer of land use rights shall be determined according to the following purposes:

1. 70 years of residential land;

2. 50 years of industrial land;

3. The term of land for education, science and technology, culture, health and sports is 50 years;

4. 40 years of commercial, tourism and entertainment land;

5. Storage land for 50 years;

6. 50 years for comprehensive or other land use.