My house is filled in the land certificate for 40 years, and the real estate certificate is not fill

The land certificate is 40 years, that is, 40 years, which means that it is commercial land.

The 70-year-old land is residential land.

At present, there has not been such a situation in China, because the last housing reform was in 97. If such a situation is going to happen, it will be more than 30 years later at the earliest, and no one can say how to solve the problem of the extension of land use rights at that time, after all, it has changed several governments.

However, in accordance with international practice, according to the situation in the surrounding area. It is possible that the state will follow Hong Kong's example and pay a certain amount of land transfer fee (this fee should not be high) after the expiration of the land use right to extend the land use period, so in fact, if you buy a house, as long as it does not affect the use function, the land use period is actually not so important. This is my personal opinion.

But don't worry about the question you said, there are no relevant regulations that say that a house with a 40-year property right must be cheaper than a 70-year house, so even if the developer takes 40 years of commercial land to develop a residence, even if it is much more expensive than a house with 70-year residential land, there are no relevant regulations that prohibit him from doing so. Moreover, the current new deal has also made the real estate industry more and more standardized, ** buy high, there is nothing to say, a willing to fight a willing thing, the developer takes a commercial plot to build a residence, he is willing to sell according to the 70-year property right, and you are willing to buy, then no one is to blame, although this sounds ugly, but it can only be accepted. As long as there are no problems with the quality of the property and the violation of the regulations, you will not find any reason to sue the developer.

Now the only possibility you can prove that when you bought the house, the real estate consultant who received you was involved in fraud, if you can prove it, you can sue, but if you can't prove it, then it is useless for you to sue. Because in the sales department, the land certificate will be formulated, and there is the land use period and the nature of the land on it, if the real estate consultant tells you that their house is a 70-year property right in order to increase sales, then it is suspected of fraud.

I think you just have a grudge against ** now, and you always feel that you have spent so much money to buy a house with a 40-year property right. If you really don't like this house, then sell it, according to the current property market, you shouldn't lose money, and choose another set again. But if you really like the house and you think it's good, then the problems you call aren't problems.

Do you think that's the truth? Therefore, my advice is to live in it with peace of mind, and it is better to live in a new house happily than to live in a new house with resentment. As for the issue of land use period, you don't have to think about it, it is a problem that everyone who buys a commercial house has, and it is also a problem of the country.

No problem, the real estate certificate does not fill in the number of years.

The property right of the house has no term and is permanent, and the term of the property ownership certificate is the term of land use. The term of house ownership is permanent, and the land use right is one year or 70 years according to the relevant laws and regulations, and the land use right can be obtained by paying the land transfer fee again after expiration.

The land use period on the real estate certificate is blank, because you only have the house you bought, and if he has an income life and land use right, this does not belong to you, so it is blank.

I don't know if you are a rural house or a commercial house. If it is a rural homestead house, the real estate certificate must now be confirmed. Commercial housing doesn't seem to have a land use life! Or 70 years, you go to the Housing Reform Bureau to consult.

Legal analysis: The term of land use refers to the term limit of the land use right, which is not registered on the real estate certificate, but on the land certificate. According to the laws of our country, the property right of commercial housing is 70 years.

In fact, there is no time limit for the property rights of the house, but the land occupied by the house will have a time limit according to the nature of the land, and the land generally used for residential use has a service life of 70 years, which will be automatically renewed after expiration.

Legal basis: "Interim Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Rights" 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) Commercial, tourism and entertainment land for 40 years; (5) Fifty years for comprehensive or other land use.

A new residential plot of land is 70 years and a commercial plot is 40 years.

Some land certificates have passed a certain number of years, and the service life on the real estate certificate is the remaining years of the land certificate.

If there is a blank, there will be a registration time in the "Registration time" column, and the period of registration is 70 years from the time of registration.

There are two possibilities for not writing the land tenure:

1. Yours is a house on collective land, that is, the folk say "small property right house", the collective nature of the house is no age, nor can it be transferred, you can see whether the certificate has the word collective written on it, if not, you can deny the possibility that it is a collective house; It is also possible that the house in the collective resettlement site was returned after the demolition.

2. Although your house is state-owned, but the land is allocated, and the unit fund-raising house and the like are allocated, if the house on the state-owned land is not marked with the service life, then it can be sure that the land is allocated, and the house on the allocated land can not be transferred.

1. How long is the land use period?

The Interim Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Rights stipulate that the maximum term of land use rights shall be determined according to the following purposes:

1. Residential land (that is, commercial housing land, which is often referred to as commercial land): the land use period of the national unified implementation is 70 years;

2. Industrial land (that is, factories and industrial zones): the land use period of the national unified implementation is 50 years;

3. Land for public welfare undertakings such as education, science and technology, culture, health, sports, etc.: the land use period of the national uniform implementation is 504 years;

4. Commercial, tourism and entertainment land: the land use period of the national uniform implementation is 40 years;

5. Comprehensive or other land use: The land use period of the national unified implementation is 50 years.

2. What should I do when the land use period expires?

Article 21 of the Law of the People's Republic of China on the Administration of Urban Real Estate stipulates that if the land use right is renewed, the land use right transfer contract shall be re-signed and the land use right transfer fee shall be paid in accordance with the regulations. In other words, according to the previous regulations, a certain fee was required to apply for the renewal of land use rights.

Legal Analysis:1According to national regulations, the ownership period of the real estate certificate for general civil residential buildings is 70 years, and the ownership period of the real estate certificate for the construction of commercial buildings is 40 years.

50 years in the general category. However, due to various factors such as the need for construction period, the actual service life will be lower than the theoretical life.

Legal basis

Article 359 of the Civil Code of the People's Republic of China: Where 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.