Can I buy a house with a title deed and a land master deed?

It is possible to buy. If you don't have a real estate certificate or land certificate, you will be very risky to buy a house.

The conditions for buying and selling a property are as follows:

1. The buyer and the seller must have complete behavioral ability. Citizens who have no or limited civil ability cannot enter into a real estate sales contract, and can only be stopped by their legal person. Buyers of flats must obtain approval from the relevant authorities for the purchase of private houses.

2. The seller must have the right to own the house or the right to use the land.

3. The meaning of the buyer and seller must be true. Therefore, one party uses cunning, coercion or other tricks or takes advantage of the danger of others to invalidate the real estate sales contract signed by the other party in violation of its true meaning. If the actor has a serious misunderstanding of the content of the real estate sales contract or the content of the contract is obviously unfair, one party may request the revocation or alteration of the contract.

4. The real estate sales contract shall not violate the law or the public interest.

5. The manner of the real estate sales contract must conform to the legal rules. The real estate sales contract shall be in writing, and the cancellation of the transfer of ownership of the house and the cancellation of the change of the right to use the land shall be handled in accordance with the rules of law. According to the requirements of the Real Estate Management Law, the purchased commercial housing shall have two certificates: "State-owned Land Use Certificate" (commonly known as "Small Land Certificate") and "Housing Ownership Certificate", and these two certificates must also be issued at the same time when the commercial housing is transferred.

At present, some cities across the country adopt the method of issuing two certificates separately, and some adopt the method of "two certificates in one" of land certificate and real estate certificate.

Houses without land deeds as long as the title deeds cannot be maintained in full legal form. If the land use certificate is not processed in time, the legitimate rights and interests of the buyer may have the following impacts:

1. The land use right of the housing land cannot be legally confirmed, and it is impossible to determine whether the purchased housing land can be legal;

2. The legitimate rights and interests of housing land cannot be safeguarded by law, because the land occupied by the house and the public land belonging to it have been included in the total price of the house when selling the house, and the buyers should jointly enjoy the right to use this part of the land, but if they do not handle the cancellation of the housing land, the rights and interests and scope of this part of the land cannot be understood in law and are easy to be invaded by others;

3. The house cannot be listed and sold without a land use certificate;

4. Without the land use certificate of the housing land, the land use right of the housing land cannot be mortgaged, and the land use right of the housing land has the risk of being mortgaged by the original land user.

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 procedures cannot be handled, the buyer will not be able to settle down, which are the practical problems faced by buyers.

OK. The house with the real estate certificate and the land master certificate can be transferred after the sale, and it can be bought.

The process of buying a house. 1) Start preparing to buy a house. To buy a house, you must first estimate your actual purchasing power according to your financial strength and repayment ability, and determine the location, area, floor, and orientation of the house according to the needs of work and life.

2) Pick**. This link is a continuation of the preparation, which can be queried from newspapers, television, the Internet or related real estate, and buyers need to combine the advantages of the three types of ** and comprehensively and carefully examine the ** information.

3) On-site viewing. Choosing a house is a highly technical task. Before choosing a house, you should have an understanding of the basic knowledge of floor area ratio, greening rate, common area, and house type.

4) Negotiate and sign the sales contract. Once the target is determined, the negotiation stage is entered into substantive contact with the seller. The negotiation and signing of the sales contract is the most important part of the process of buying a house, and the buyer and seller must put their rights and obligations into words, especially the key terms related to the size of the house, the payment method, the property condition and so on.

Legal analysis: a land certificate is required. After buying a commercial house, the buyer should apply for the house ownership certificate in a timely manner, and in accordance with the principle that the ownership of the house and the subject of land use rights within the scope of the house are consistent, it is also necessary to apply for the land use certificate of the commercial house.

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 procedures cannot be completed, then the buyer will not be able to settle down, which are the practical problems faced by buyers.

Legal basis: Provisional Regulations of the People's Republic of China on Land Appreciation Tax

Article 1 In order to standardize the order of land and real estate market transactions, reasonably regulate land value-added income, and safeguard the rights and interests of the State, these Regulations are formulated.

Article 2 Units and individuals that obtain income from the transfer of State-owned land use rights, buildings on the ground and their attachments (hereinafter referred to as the transfer of real estate) shall be taxpayers of LAT (hereinafter referred to as taxpayers) and shall pay LAT in accordance with these Regulations.

Article 3 Land Appreciation Tax shall be calculated and levied on the basis of the value-added amount obtained by the taxpayer from the transfer of real estate and the tax rate stipulated in Article 7 of these Regulations.

Article 4 The balance of the income obtained by the taxpayer from the transfer of real estate after deducting the amount of items deducted as provided for in Article 6 of these Regulations shall be the amount of value-added.

As of 2021, the title and land deeds have been integrated into a real estate certificate. From March 1, 2015, real estate title certificates will be fully implemented. After the new certificate is activated, the previous thin certificate will continue to be valid, and the new certificate will not be replaced in accordance with the principle of unchanged and not replaced, and the parties cannot be required to replace it compulsorily, and the small property right house will not be issued.

The real estate certificate is more detailed than the property rights of the real estate certificate, because the "real estate certificate" has taken an evasive attitude towards the service life of the house and the house **, which are directly related to the interests of citizens, and the "real estate certificate" clearly stipulates the "start and end date" and the house acquisition ** for the service life, so that the transaction is transparent and clear.

Ownership of immovable propertyLegal Provisions

Article 208 of the Civil Code of the People's Republic of China The establishment, alteration, transfer and extinction of real estate rights shall be registered in accordance with the provisions of law. The creation and transfer of movable property rights shall be delivered in accordance with the provisions of law.

Article 209:The creation, alteration, transfer, and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.

Article 214:Where the creation, alteration, transfer, or extinction of real estate rights shall be registered in accordance with the provisions of law, they shall take effect when they are recorded in the real estate register.

The above content refers to Encyclopedia - Real Estate Certificate.

The above content refers to Encyclopedia - Real Estate Rights.

The above content refers to Encyclopedia - Real Estate Certificate.

The above content refers to the CPPCC website - new real estate registration certificate**.

Legal Analysis: It can be purchased, but there are certain risks. 1. Because a house with only a land use certificate means that it only has the right to use, but not all the property rights of the house.

Without approval and consent, such houses cannot be listed for trading, and privately signed transaction agreements are not protected by law. 2. Right-of-use housing is a product of the planned economy and housing distribution system, commonly known as public housing. The property rights of the house belong to the state or the collective, however, this right of use is an independent property right separated from the ownership, which allows the user (public housing tenant) to transfer or exchange the right to use the house within a certain range and in a certain way, and the income obtained after deducting the taxes payable belongs to the user owner.

3. The main qualification of real estate developers, real estate developers must have the main qualifications when selling commercial houses. A legal and regular real estate developer must have a complete set of "five certificates" and "two books".

Legal basis: Administrative Measures for the Sales of Commodity Housing Article 7 The current sale of commercial housing shall meet the following conditions: (1) The real estate development enterprise of the current sale of commercial housing shall have the business license of the enterprise legal person and the qualification certificate of the real estate development enterprise; (B) to obtain a certificate of land use rights or approval documents for the use of land; (C) holding construction project planning permits and construction permits; (4) It has passed the completion acceptance; (5) Demolition and resettlement have been implemented; (6) Water supply, power supply, heating, gas, communications and other supporting infrastructure have the conditions for delivery and use, and other supporting infrastructure and public facilities have the conditions for delivery and use or have determined the construction progress and delivery date; (7) The property management plan has been implemented.

Derivative question: Is it illegal to have a land certificate and a house without a real estate certificate? It is not illegal to have a house with a land certificate and without a title deed.

The land certificate is the legal basis for the owner or user of the land to enjoy the ownership or use right of the land. The land certificate is the guarantee of the legitimate rights of the land use right holder. A certificate that the buyer of the real estate certificate obtains the legal ownership of the house through the transaction and can exercise the right to occupy, use, benefit and dispose of the purchased house in accordance with the law.

That is, the "Housing Ownership Certificate" is a legal certificate for the state to protect the ownership of the house in accordance with the law. Homeowner credentials to manage and use their own home. In a general sense, the real estate certificate is the abbreviation of the house ownership certificate, which is a written certificate issued by the real estate registration authority to prove the ownership of the house.

According to Article 5, when real estate is transferred, the ownership of the house and the land use right within the scope occupied by the house shall be transferred at the same time. The two certificates can only be transferred when they are available at the same time, and they are transferred at the same time.

Legal Analysis: Having a real estate certificate does not necessarily have a land certificate. The real estate certificate is a document that indicates the ownership of the building, and the land use right certificate indicates the corresponding land use right of the building.

The real estate certificate handled by the housing management department at the district and county level will generally not get the land certificate.

Legal basis: Civil Code of the People's Republic of China

Article 209:The creation, alteration, transfer, and extinction of real estate rights shall take effect 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 210 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.