in the current situation of high house prices, many people have to spend all their savings or bear decades of loans to buy a house. Therefore, buying a house is a very important event for many people and needs to be very careful. Many people who buy a house do not know much about the matters and certificates of buying a house. They think that buying a house only needs to get the real estate certificate, but in fact, this is not the case. Many people think that the real estate certificate is the same as the land certificate. Having a real estate certificate is enough. In fact, this is not the case. Having a land certificate means that you have the qualification and right to use this land, and a useful real estate certificate means that you have the ownership of the house. Let's talk about the difference and relationship between real estate certificate and land certificate. Let's have a look.
The difference between land certificate and house property certificate
1. Land certificate: it refers to the common name of the 'state-owned land use certificate' obtained by individuals. The real estate management law stipulates that the purchased commercial houses shall have 'state-owned land use certificate' and 'house ownership certificate'. Without it, it will be difficult to fundamentally safeguard their legitimate rights and interests. But most buyers never care about it and haven't received it. In fact, the land certificate is as important as the real estate certificate.
2. Real estate certificate: it refers to the certificate that the buyer of the real estate certificate obtains the legal ownership of the house through transaction, and can exercise the right of possession, use, income and disposal of the house according to law. That is, the house ownership certificate is the legal certificate for the state to protect the house ownership according to law.
Some cities have implemented the integrated issuance of real estate and land, that is, the real estate certificate and land certificate are issued together.
The house ownership certificate (i.e. house property certificate) is the proof of your ownership of the house. With the house ownership certificate and the state-owned land use certificate, you can exercise the rights of sale, gift, lease, mortgage and so on.
The land certificate only proves that your house has a legal land use right. If it is a state-owned land use certificate, the house on it can be sold, donated, mortgaged, leased, etc; If it is collective land (or homestead), the houses on it cannot be mortgaged, and the sale and gift can only be handled with the consent of the relevant departments of villages and towns.
There are only two land ownership in China: one is the state ownership of urban land, and the other is the collective ownership of township land by villagers. Therefore, no unit can buy or sell the land ownership alone, and can obtain the land use right by means of transfer, allocation and lease. The land use right can not be transferred separately. When the houses on the land are transferred and mortgaged, the attached land use right will also be transferred and mortgaged.
Relationship between land certificate and house property certificate
1. According to the law, when the land use right is transferred, the ownership of aboveground buildings and other attachments is transferred, and when the land user transfers the ownership of aboveground buildings and other attachments, the land use right within the scope of use is also transferred. Real estate certificate and land certificate are inseparable.
2. From a legal point of view, the house property certificate and the land certificate are the proof that the homeowner owns the house property and the land use right. The two are inseparable. Without the land certificate, it means that the homeowner does not have the right to use the land, so he can't protect his legitimate rights and interests when the land is occupied.
The above is about the difference between land certificate and house property certificate and the relationship between land certificate and house property certificate. There is a land certificate to buy and sell this land. If there is no real estate certificate, there is only a land certificate, but there is no right to buy and sell the houses on this land. Therefore, the two are different, but they are inseparable. When buying and selling houses, we should have not only the real estate certificate but also the land certificate. I believe that after today's introduction, we have a further understanding of the land certificate and the real estate certificate.