There are many types of houses, and small property houses are also one of them. How to define small property houses? Can small property houses be sold? What is the legal definition of small property house? On the issue of small property houses, let's get to know.
The buyer of the house with small property right has the property right certificate, but there is no real estate certificate. This so-called property right certificate is not really legal and effective. There are two properties of small property right houses. One is the house built on the collective construction land, that is, the house built on the 'homestead'. This kind of house only belongs to the collective owners in the countryside, and the villagers in other villages can't buy it. And another kind of small property right house is in collective enterprise land. Or occupy the cultivated land and build houses illegally. The house with small property right can not be transferred or sold to the third party who is not a member of the collective. It can only be transferred or replaced within the collective members.
The Ministry of land and resources and other departments jointly issued several opinions on the registration and certification of rural collective land ownership, which clearly pointed out that the small property right houses would not be registered and the property right certificates would be issued. Therefore, the contract of buying and selling the house with small property right is invalid and is not protected by the state law. No matter whether you write an agreement or notarize it, you can't change the nature of the house with small property rights, nor can you change the invalid contract into an effective one.
The consequence of invalid contract is that the contract has no effect from the very beginning, and all parties of the contract should return to the state before the contract was signed. In case of any economic loss, the party at fault who causes the invalidity of the contract shall bear the corresponding liability for compensation. Therefore, it is recommended that you carefully consider the corresponding legal risks.
Can small property houses be sold
1. There is no real estate certificate for the house with small property right, so the circulation is limited. Small property right houses are built on collective land and cannot be sold to the outside world. There is no legal guarantee, no property right certificate and limited circulation to the outside world.
2. It is difficult to compensate after the demolition of small property houses. Most of the houses with small property rights are illegal buildings, so they are likely to be demolished. Generally, they will not be compensated by the state for demolition and resettlement.
3. There is no way to guarantee the quality of small property houses. Generally, the quality supervision of houses is not in place, and there is a phenomenon of Jerry building, because there are also hidden dangers in safety.
4. Small property houses are often located in remote areas, with inconvenient transportation, incomplete supporting facilities, lagging property management, and some even no property.
5. Disputes often arise in the inheritance and bequest of small property right houses.
If both parties have signed a sales contract for the purchase and sale of the house with small property rights, the contract is also valid. The small property right house sale contract also belongs to the house sale contract, has the creditor's right relations. Just because the documents are not complete, the transfer registration procedures for the change of real right cannot occur.