As the urban housing prices are too high, forcing farmers or other people to the urban fringe to the joint venture to build a small property and low price. Therefore the transaction risk, often appear a variety of disputes in the sale process. Fu Fang Xiaobian to select a classic case of small property housing dispute. I hope all of you to help.

Case analysis

Case 1 small property housing transactions and disputesSon: Liu work account will be moved from the country go to become a city resident accounts, but their parents still in their hometown. Now the parents have passed away, in the home has 2 sets ofThe small property right room. Liu decided to sell house but was Wei would block, the relevant person in charge said Liu has not the villagers, do not have the right to sell the house.

Analysis: according to relevant regulations, Liu's parents home with the heritage of the area, statutory succession Liu as parents certainly have the housing right of inheritance. But in the actual operation in succession after, Liu as does not have a collective account of the village, there are unable to handle the housing transfer problems, it is suggested that the house sold to other members of the village the village collective.

Case 2 small property housing transactions and disputesBecause the developers commitment: a small property room project will soon be able to handle the real estate certificate, Li considered cheap internal agreement signed. ShuLiao related formalities delayed, processing time in the foreseeable future, Xiao Li do not only borrow to pay 1629 mortgage. In addition to Mike's wife has been pregnant, because can not drop out of school, children in the future and so on are affected.

The small property right roomFacing the policy risks, the national ban on the small property right room constantly, and Nanjing as early as in 2003 August in the city within the scope of the comprehensive disposal of the small property right room special action, two important links in the processing, namely the government approval and developers pay Qi land leasing, accord with the two conditions are less and less, developers publicity not credulous. At the same time to buy a small property room only a one-time payment, unable to obtain bank mortgage, and the small property right room cannot be settled, property buyers must have a clear understanding of these risks.

Case 3 small property housing transactions and disputes:Buy a small property room city residents if the units can get compensation?

Analysis: the small property right room when it comes to the demolition compensation, the original owner of the house will be in the sale of illegal on the grounds, to require full demolition compensation, and buyers are difficult to obtain compensation, the risk is very big.

Case 4 small property housing transactions and disputes:Zhao one day before and Qianmou signed the "housing sales contracts", Zhao will own a small property room 300000 yuan to the price sold to money a. Signing day, Qian Mou to Zhao pay deposit 5000 yuan, part of the 1629 50000 yuan. After a month, the money according to the contract plans to continue the delivery of a later purchase, Zhao are back, ready to recover the house, the original charge of purchase, return money, money sues to the court demands continued performance of the contract.

Analytic: laws and regulations do not allow the construction of collective land housing sales to other than the members of the collective economic organizations,"The small property right room"Not all housing, transfer, disposal, income and other rights, not for property transfer procedures of housing. In this case the court finds that the two sides signed the sale contract invalid, by Zhao return money purchase money, rejected a request to continue to perform the contract claim.

The small property right house to buy?

The small property right house to buy?We must first understand the nature of the housing of small property right. "The small property right house" refers to the construction of peasant collective land to housing, not to pay land leasing costs, the property certificate is not issued by the state housing management sector, but issued by the township government or village government, so called "township property", also called "the small property right room". The small property right house "is not a legal concept, it is just a common people in the social practice in the formation of appellation. By means of the township government rather than the national title certificate issued property. Therefore, the "small property" is actually a "communal property" "collective property rights", it does not really constitute the strict legal sense of property rights.
　　
Second, must be clear to buy their ownThe small property right roomFor what, is self occupied or investment? Home is certainly no problem, but is worth reminding, try to find the scale, namely the floor has a kilometer, government buildings can not be said demolition on the demolition. And purchase agreement as far as possible, called several witnesses and signed the agreement, the agreement content should include all aspects of content, such as policy allows the original owners should take the initiative to assist the buyer or the village for transfer procedures, the housing sold, the original owners no longer has any all and only use only, namely permanent possession of the house buyers and when the government buildings, or other factors, all compensation are the property buyers, the original owners sold all or village property, unilateral breach of contract damages buyers purchase agreement contract 3 times etc.. Temporarily do not consider this kind of investmentThe small property right roomThe transfer is not convenient, because, as you buy now also worried about many problems, so when the transfer of trouble, and the income will not be great (current situation).

The small property right house can loan you

For many enough to buy a small property room friends,The small property right house can loan? This is the problem that everybody cares. But the answer is yes, the small property right room not loan.

From a legal point of view, the provisions of the stateThe small property right roomNot the sale, purchase contract without legal protection. This type of housing so-called "property card" is the legal validity is not commercial housing property certificate. Once encountered in the demolition, the state covers an area of and so on, will not give you compensation, because no country recognized the legitimate property, the purchase only owned housing tenure. In addition, becauseThe small property right roomThere are huge risk, suggest that you carefully choose and buy, and countries have banned the purchase of small property room.

The housing of small property right policy

Recently issued "several opinions about" the rural collective land ownership registration certification, which clarifies the major policy issues related to the work. In November 9, 2011, ventilation will held a Ministry of land and resources, will strive to basically complete the rural collective land in 2012 before the end of the registration certification work, and points out that,The small property right roomNo registration certification.

　　The housing of small property right policy: Registration completed more than 70%-80%

Land Cadastre Management Secretary Zhu Liuhua said: "as of now, the rural collective land registration has been completed by the end of 2011 70%-80%, there should be a better result". Zhu Liuhua said at the meeting, since May 6, 2011, the Department of homeland and the Ministry of finance, Ministry of Agriculture issued "on speeding up the rural collective land registration certification work notice", registration certification has a part of the policy problems in rural collective land ownership registration certification is present, progress is slow, in order to promote the rights registration certification smoothly, recently issued the "opinions on the rural collective land registration certification"

The housing of small property right policy: the small property right house may not issue the licenses
　　
"Opinions" put forward, to strictly regulate rural collective land registration certification, is strictly prohibited to engage in false registration of land, it is strictly forbidden to illegal land use in accordance with the law without handling registration certification.

"Opinions" put forward: "the relevant provisions to borrow the reform of household registration system or arbitrarily by 'change in the village', not by the statutory acquisition program will of peasant collective land into state-owned land, illegal transfer of rural collective economic organizations or rental of collective land for non-agricultural construction, acquisition of urban residents in rural villages, farmers residential or'the small property right room'Illegal land, shall not register. For not in accordance with the law and regulations for land registration certification or registration book for causing serious consequences, prosecute those responsible for serious".The small property right roomIs the collective land occupied for construction, and to the other members of the collective economic organizations residential sales of goods, countries have specific provision to this problem. Urban residents are not allowed to purchase Rural Homestead building, also can not buy a small property room. At present the state requires all of registration on the development of rural collective land, but for the small property rights illegal land not allowed issuing,The small property right roomNot protected by law.