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Validity of the contract for the sale and purchase of rural houses: the transfer between the villagers of the village is valid; The transfer to residents of other villages or towns is invalid. If the seller requests the return of the expropriation interest, the seller shall give a lesser share according to the fault of both parties; For those that are not included in the expropriation procedure, the parties have signed the contract for a long time, or the buyer's household registration has moved in, the seller shall not request the return of the house.
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Built in town. I don't know if you are a ** person, I don't know if there is a real estate certificate, whether it is a commercial house. If there is no real estate certificate or it is not a commercial house, there are quite a lot of restrictions.
However, I think it should be a rural homestead or not in the plan. If it is not in the plan, it should be an illegal building, and it cannot be bought or sold legally. If it is a homestead within a group membership, it can be bought and sold under certain restrictions.
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Here's how to legally buy a house in the countryside:1. The buyer must be a member of the collective of the village. Urban residents are not allowed to buy their own houses in rural areas.
2. The seller must have the right to occupy, use, benefit and dispose of the house he owns.
3. Buyers have the conditions to apply for homesteads.
4. It is necessary to obtain the consent of the villagers' committee and handle the change for the record with the local land management department.
According to the first paragraph of Article 62 of the Land Administration Law, a rural villager household can only own one homestead land, and the area of the homestead must not exceed the standard set by the province, autonomous region or municipality directly under the Central Government.
Paragraph 5 of Article 62 stipulates that if a rural villager sells or rents a dwelling house and then applies for a homestead land, it shall not be approved.
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Legal Analysis: Legal. The law does not prohibit rural villagers and renting out houses built on homesteads, but there are restrictions on subjects.
The seller of a rural house is usually a villager of a rural collective economic organization, and the buyer must be a member of the collective economic organization or a member outside the collective economic organization.
Legal basis: Article 62 of the Land Management Law of the People's Republic of China A rural villager household may only own one homestead, and the area of the homestead shall not exceed the standards set by provinces, autonomous regions and municipalities directly under the Central Government.
Rural villagers who sell, lease, or donate their dwellings and then apply for homestead land shall not be approved.
The State allows rural villagers who have settled in urban areas to voluntarily withdraw from their homesteads with compensation in accordance with the law, and encourages rural collective economic organizations and their members to revitalize and utilize idle homesteads and idle residences.
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Legal Analysis: Rural Housing Buying and Selling is Legal. The law does not explicitly prohibit it, but there are restrictions on the subject of the sale.
The first party of rural housing sales is generally the villagers of the rural collective economic organization, while the buyer has two situations: one is the internal members of the collective economic organization, and the other is the members outside the collective economic organization.
Legal basis: "Land Management Law of the People's Republic of China" Article 62 Where rural villagers apply for homestead land after selling, renting, or donating their residences, they shall not be approved; The State allows rural villagers who have settled in urban areas to voluntarily withdraw from their homesteads with compensation in accordance with the law, and encourages rural collective economic organizations and their members to revitalize and utilize idle homesteads and idle residences. The competent departments of agriculture and rural affairs are responsible for the work related to the reform and management of rural homesteads nationwide.
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The following four conditions must be met for the sale of rural houses to be valid:
1. The main qualification of general home buyers is legitimate. The homestead on which the rural house is attached belongs to the rural collective, so the purchaser must be a member of the villager collective. Urban residents are not eligible to purchase rural houses.
2. The main qualification of the seller is qualified. The seller must have the right to possess, use and dispose of his property. In the case of co-owners, if one of the co-owners unilaterally disposes of the house, the sale of the house cannot be valid.
3. The buyer should meet the conditions for applying for homestead. Rural villagers can only have one homestead per household, and villagers who already have a homestead are not allowed to apply for a homestead again. If the buyer does not meet the above conditions, and occupies a more disadvantageous homestead in the form of a disguised sale, such a sale will not be supported and protected by the law.
4. The general sale shall be approved by the villagers' committee. This is a necessary procedure, and the collective economic organization of the village has the right to make substantive dispositions of such property rights.
1. What documents are required for the confirmation of rural housing rights in the Civil Code.
The Civil Code does not have specific provisions on what documents are required to confirm the ownership of rural houses. When confirming the ownership of rural houses, it is generally necessary to provide necessary materials such as homestead use certificates, real estate boundaries, and areas.
Civil Code of the People's Republic of China
Article 209 [Effect of Registration of Real Estate Rights] The creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Unsure tremors are registered and do not take effect, except as otherwise provided by law.
The ownership of natural resources that belong to the State in accordance with the law may not be registered.
Article 210 [Immovable Property Registration Agencies and Unified Registration of Immovable Property] 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 211:[Application Materials for Registration of Immovable Property]When applying for registration, the parties shall provide proof of ownership and necessary materials such as the boundary address and area of the immovable property according to the different registration items.
Article 234:[Right to Request Confirmation of Property Rights]Where a dispute arises over the ownership or content of a real right, the interested party may request confirmation of the right.
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