How to transfer small property rights
In recent years, small-property houses have attracted the attention of some home buyers because of their low prices, but their transfer issues have always been a focus of controversy. This article will combine the hot topics and hot content on the Internet in the past 10 days to provide a detailed analysis of the process, risks and precautions for the transfer of small property rights to help readers fully understand this issue.
1. Definition and characteristics of small property rights housing
Small-property houses usually refer to houses built on rural collective land without paying land transfer fees. The property rights certificates are issued by the township government or village government, not the national housing management department. Its characteristics are as follows:
| Features | Description |
|---|---|
| low price | Usually 30%-50% lower than commercial housing |
| Incomplete property rights | Unable to apply for formal real estate certificate |
| legal risks | Not protected by the Property Law |
2. The process of transferring small property rights
Although there are legal risks in small-property houses, there are still certain transfer procedures in practice:
| steps | Operation content |
|---|---|
| 1. Sign an agreement | Buyer and seller sign house transfer agreement |
| 2. Seal of the village committee | It is necessary to obtain the consent of the village committee where the original property rights are located. |
| 3. Notarization | Notarize the sales contract |
| 4. Name change | Change of property rights registration at the township government or village government |
3. Risk warnings for transfer of small property rights
According to recent hot discussions, the transfer of small property rights has the following main risks:
| Risk type | Specific performance |
|---|---|
| legal risks | It may be deemed as illegal construction and forced to be demolished. |
| Demolition compensation risk | Compensation may not be obtained during demolition |
| trading risk | The seller may break the contract at any time |
| financing risk | Unable to apply for bank mortgage loan |
4. Analysis of recent hot cases
Recently, there have been cases of small-property housing disputes in many cities:
1. A small property community in Shenzhen is facing demolition due to an urban renewal project, and the owners have no way to defend their rights;
2. After the transaction of a small-property house in the suburbs of Beijing, the seller requested the return of the house on the grounds that the contract was invalid;
3. A small-property house in an urban village in Guangzhou was deemed to be illegally constructed and was forcibly demolished.
5. Suggestions from professionals
Regarding the transfer of small property rights, legal experts put forward the following suggestions:
| Suggestions | Detailed description |
|---|---|
| Buy with caution | Make a decision after fully understanding local policies |
| perfect contract | Clarify the rights and obligations of each party in the agreement |
| Keep evidence | Save complete transaction vouchers and payment records |
| Consult a professional lawyer | Get legal advice before trading |
6. Analysis of policy trends
Recent policy trends regarding small-property housing:
1. The Ministry of Natural Resources reiterates that the ownership of houses with small property rights cannot be confirmed and registered;
2. The entry of pilot collective land into the market in some cities may change the current situation of small property rights housing;
3. Strengthen the supervision of small-property housing transactions in many places.
7. Conclusion
There are many legal risks and policy uncertainties in the transfer of houses with small property rights. Home buyers should fully understand the relevant information and weigh the pros and cons before making a decision. For those who just need to buy a house, it is recommended to give priority to regular commercial houses to avoid unnecessary legal disputes and economic losses.
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