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Land certificate: It is the legal basis for the landowner or land user to enjoy the ownership or use right of land.
In the complete commercial property rights, there should be two certificates, one is called "land certificate", that is, "state-owned land use right certificate", and the other is called "property right certificate", that is, "house ownership certificate". The "Title Certificate" is exclusive, while the "Land Certificate" is slightly lower.
According to China's current law, there should be two certificates, the state-owned land use right certificate is obtained in accordance with the Land Management Law of the People's Republic of China, and the house ownership certificate is obtained in accordance with the Urban Real Estate Management Law and the Property Law, and the two certificates are certificates of different rights.
China implements the registration and issuance system of land use rights and house ownership, but at present, according to different situations, some places combine "real estate certificates" and "land certificates" into one, and only issue "real estate certificates", such as Beijing, Shanghai, Guangzhou, Chongqing and other places; Some places insist on separate distributions, such as Shandong, Nanjing and other places.
In theory, there is such a possibility as to whether it is possible for a developer to mortgage a land without a "land certificate", but in practice, once the land and houses have been transferred, they no longer have the conditions to use the houses as collateral, otherwise the developers will be defrauded of loans. The bank is very strict about this review, and it cannot freeze the owner's property because of this. Therefore, this concern of the buyer is basically unnecessary, and the current situation of not getting the "land certificate" will not affect the ownership of the buyer, because according to the relevant laws and regulations:
The house goes with the place, and the ground goes with the house.
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If you don't have a land certificate, you are like a person with less hands, just like a person who has less hands, as soon as you declare that you will harm your interests, take your information to the Land Bureau, if you don't do it again, just ask your local mayor and secretary, and it will definitely be solved!!
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01 year bought house. At that time, it was auctioned by the court, and then the Land Bureau refused to apply for the land certificate, as if it was because the land was not sold by the Land Bureau, and the Land Bureau had no interest. There was a dispute with the court.
Then the head of the household will not be given a land certificate. Until now, it has not been processed. Not a family, the land of 5 households does not have a land certificate.
What's so bad about not having a land deed? The damage does not harm their own interests. How can I apply for a land certificate?
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Legal analysis: Now that the real estate property certificate is one, the land bureau has stopped handling land certificates for individuals.
Legal basis: Article 11 of the Land Management Law of the People's Republic of China The land owned by the peasant collectives shall be registered by the people at the county level, and the certificate shall be issued to confirm the ownership. If the land owned by the peasant collectives is used for non-agricultural construction in accordance with the law, the county-level people's first registration shall be made, and a certificate shall be issued to confirm the right to use the land for construction.
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Generally, the state-owned land use right certificate is mortgaged with the state-owned land use right certificate, and the mortgage loan of the simple state-owned land use right certificate will generally be converted into a reconstruction project loan during the construction process.
Legal basis: Land Management Law of the People's Republic of China
Article 9 The land in urban areas of cities shall be owned by the State. Land in rural areas and on the outskirts of cities shall be owned by peasant collectives, except as provided by law for the State; Homesteads, self-cultivated land, and self-cultivated mountains belong to peasant collectives.
Article 10 State-owned land and land owned by peasant collectives may be determined for use by units or individuals in accordance with law. Units and individuals using land have the obligation to protect, manage, and rationally use land.
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Legal analysisThe land certificate is issued by the local people, and it is a written document that proves that the holder has the ownership or right to use a certain area of land, and it is a legal certificate that the holder enjoys the ownership or right to use the land. There are three main types of land bridge Bu Zheng certificates issued by China: 1. Collective land ownership certificate.
The people at the county level shall register the land owned by the peasant collective, issue the collective land ownership certificate, and confirm the ownership. 2. Collective land construction land use right certificate. The people at the county level shall register and make a register of the land owned by the collective that is used for non-agricultural construction in accordance with the law, issue the right to use the land for collective land construction, and confirm the right to use the land for construction.
3. State-owned land use right certificate. The people at or above the county level shall register the state-owned land used by units and individuals in accordance with the law, issue the state-owned land use right certificate, and confirm the state-owned land use right. Any change in land ownership or change of land use shall go through the registration procedures for the change of land ownership in accordance with the legal procedures and replace the certificate.
Legal basisRegulations on the Implementation of the Land Management Law of the People's Republic of China Article 5 The competent department of natural resources shall formulate land grading standards in conjunction with relevant departments. The competent departments of natural resources of the people's ** at or above the county level shall, in conjunction with the relevant departments, assess the land grade in accordance with the land grade assessment standards. The results of the local land rating shall be reviewed by the people at the same level, and shall be announced to the public after being approved by the competent department of natural resources of the people's resources at the next higher level.
According to the state of national economic and social development, the land grade is reassessed every five years.
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If you don't have a land use certificate, you can't do it. The land use certificate is a document handled in accordance with the law after obtaining the land use right, and it is a legal certificate for confirming the land use right, which plays an important role in the management of the land, and the right holder enjoys a certain usufructuary right to the corresponding land by virtue of the land use certificate.
1. Which is the issuing authority of the land use certificate for housing and individual travelers?
The people's ** land management department is the issuing authority of the housing land use certificate. To apply for a land use certificate, the land user shall submit an application for registration to the relevant registration authority with the application for registration of land use right, personal identity certificate or household registration certificate, and certificate of land use right; The land management authority surveys the land site and conducts ownership review; The land use right certificate will be issued after the preliminary examination, announcement, review and approval of registration.
2. Does the commercial housing have a real estate certificate?
Yes. As long as the property is registered with the housing authority, there is a title deed. Commercial housing is only a commercial or office property in nature, not an ordinary residential property.
If it is a self-built house in a rural area or a self-built house on collective land, there will be no real estate certificate. These are rural homestead houses and small property rights. The state-owned land use certificate is a legal certificate that proves that the land user has paid the land use right transfer fee to the state and obtained the right to use a certain piece of state-owned land within a certain number of years.
"Construction land planning permit" is the construction unit in the land management department to apply for requisition, allocation of land, by the urban planning administrative department to confirm that the location and scope of the construction project in line with the urban planning of the statutory certificate. The "Construction Project Planning Permit" is a legal document that the construction project meets the requirements of urban planning. The other two are:
Construction Permit for Construction Projects", "Permit for Sale (Pre-sale) of Commodity Housing".
3. The time of land acquisition is based on the land certificate or the date of the contract.
China's land is owned by the state, and all individuals and units that use state land must obtain a state-owned land use certificate. At the same time, the use of state-owned land has a service life, and the land use period for different uses will be different, which is calculated from the time when the land use right is obtained. After paying all the land use right transfer fees, the land user shall, in accordance with the regulations, go through the land registration, obtain the land use certificate, obtain the land use right and the relevant provisions issued by the State Land Administration and the State Administration for Industry and Commerce, and the starting date of the transfer period of the State-owned land use right shall be determined from the date of receipt or issuance of the land use certificate.
Article 3 of the Regulations for the Implementation of the Land Management Law.
The State implements a system of land registration and issuance of certificates in accordance with the law. The ownership and use rights of land registered in accordance with the law are protected by law and may not be infringed upon by any unit or individual. The content of land registration and the style of land ownership certificate shall be uniformly prescribed by the land administrative departments.
Land registration information can be searched publicly.
Similarly, the transfer of ownership at the Housing Authority requires the presence of both parties. Just go to the place where you got the title deed.
1. For the transfer of housing and the transfer of land use rights, the house sale agreement, house license, and original land use certificate must be submitted. >>>More
Something different to prove.
The land use certificate is a document that proves that you have the right to use the land, and the real estate certificate is a document that proves that you have the right to use the house, and the rights you have are different, the land use certificate means that you have the right to use the land, and there is no right to buy and sell the land. >>>More
1) 10 yuan for the application form;
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