Land nature and land use rights types in Longyue Prefecture, Shengze, Weinan

In China, the subjects of land use rights are extensive. There are many types of land use rights. For ordinary people, we will definitely know less about this knowledge, but if we want to buy a house, we must have a certain understanding of this knowledge so that we can better understand it. To use the land, let’s talk about the nature of the land in Longyue Mansion, Shengze, Weinan? Land use rights type? Let’s take a look at the relevant knowledge.

The nature of the land in Longyue Mansion in Shengze, Weinan

The nature of the land in Longyue Mansion in Shengze, Weinan is residential land, so the maximum land transfer period is 70 years, which is what we call 70-year property rights Years, this kind of land is state-owned and has a certain useful life. If you want to continue using it after a certain period of time, you need to pay the relevant land transfer fee.

Types of land use rights

According to the relevant provisions of the "Land Management Law" and "Land Registration Measures", there are only two types of land use: land allocation and land transfer.

1. Allocated land use rights

Allocated land use rights refer to state-owned land use rights obtained after the land users pay compensation, resettlement and other fees with the approval of the people's government at or above the county level in accordance with the law, or with the approval of the people's government at or above the county level. State-owned land use rights obtained free of charge after approval by the people's government in accordance with the law. It can be seen that there are two basic forms of allocating land use rights.

(1) State-owned land use rights obtained by land users after paying compensation, resettlement and other fees with the approval of the people's government at or above the county level in accordance with the law. This type of allocation of land use rights has two salient features: first, land users must obtain land use rights with the approval of the people's government at or above the county level in accordance with the law; second, land users must pay compensation, resettlement and other fees to obtain land use rights.

(2) Land use rights obtained free of charge by land users after being approved by the people's government at or above the county level in accordance with the law. This kind of allocation of land use rights also has two distinctive features: first, land users must obtain land use rights with the approval of the people's government at or above the county level in accordance with the law; second, land users obtain land use rights free of charge, which means they do not need to pay any fees. Fees and payment of any financial costs.

2． Assigning land use rights

Assigning land use rights means that the state, as the land owner, transfers state-owned land use rights to land users within a certain period of time. Land use rights obtained by land users after paying a land use right transfer fee to the state. Obtaining transferable land use rights has the following characteristics:

(1) The acquired land use rights are paid. Land users who obtain land use rights within a certain period of time must pay a land use right transfer fee to the state. The economic benefits of land obtained by the state through land ownership are expressed as land rent within a certain period of time, usually in the form of land users paying a certain amount of currency to the state.

(2) The land use right acquired has a time limit. The period for which land users enjoy land use rights is limited to the year of transfer. The transfer period is stipulated in the transfer contract, but shall not exceed the maximum number of years specified by law.

(3) The acquired land use right is a kind of property right. The transfer of land use rights is based on the separation of land ownership and land use rights. After the land use right is transferred, the transferee actually enjoys the rights to occupy, use, benefit and dispose of the land during the transfer period. The use right can be transferred, leased, mortgaged or used for other economic activities in accordance with the law within the period of use. The legal rights and interests are Protected by national laws. There are three forms of transfer of land use rights, namely transfer by agreement, transfer by bidding and transfer by auction.

Land expropriation refers to the state converting farmers’ collective-owned land into land that is collectively owned by farmers in accordance with the procedures and approval authority prescribed by law for the sake of the interests of the public. behavior on state-owned land. Land expropriation refers to the act of the state compulsorily acquiring land ownership from civil subjects on the basis of public interests. The premise of land expropriation in our country is for the benefit of the public.

How to obtain land use rights

There are three main ways to obtain land use rights: assignment, allocation, and transfer.

Renewal of land use rights

The replacement version of house property rights registration caused heated discussions due to text issues. Minister of Land and Resources Jiang Daming explained it to everyone, eliminating the concerns of the owners. , the main content of Jiang Daming’s explanation is that there is no time limit for residential ownership, but there is a time limit for land use rights. As we all know, the acquisition of land use rights in my country is divided into transfer and allocation. Among the transferred lands: the longest period of residential land use rights is 70 years, and the industrial land use rights are for a maximum of 70 years. and science, education, culture and health, etc. The maximum period is 50 years, and the maximum period for commerce, tourism, and entertainment is 40 years. Unless otherwise provided by law, the allocated land does not set a limit on the use period. Then a new problem arises. If the land What should I do if my usage rights expire? Because houses and land are inseparable, do I need to pay the land transfer fee again, or apply for reallocation?

Article 149 of the "Property Rights Law of the People's Republic of China" stipulates: When the term of the right to use land for residential construction expires, it will be automatically renewed. The renewal of non-residential construction land use rights after expiration shall be handled in accordance with legal provisions. The ownership of the houses and other real estate on the land, if there is an agreement, shall be in accordance with the agreement; if there is no agreement or the agreement is unclear, the ownership shall be handled in accordance with the provisions of laws and administrative regulations. It can be seen that for residential land, the land use right shall be automatically extended when the land use right expires. , this kind of extension is free of charge and can be extended repeatedly; when the non-residential land use rights expire, the land use procedures must be re-opened. If the land is transferred, the transfer fee must be paid again. It is an allocated land with a set use period and needs to be carried out according to the statutory regulations. Conditions require re-applying for allocation procedures or transfer procedures. In this case, because the land user falls under the regulations, the land should be provided through an agreement to transfer. Whether the land can be allocated needs to be reviewed to see whether it meets the legal conditions; for cases where there is no set term for the use right If you allocate land, you don’t have to worry about the time limit.

I hope that all the knowledge introduced above about the nature of the land and the types of land use rights in Longyue Mansion in Shengze, Weinan, can be helpful to everyone. The Weinan Shengze Longyue Mansion real estate project was developed and constructed by Weinan Shengze Real Estate Company. The company also developed the Xinhua City Plaza project, which is currently sold out. If you still want to know more relevant knowledge, you can continue to pay attention to our website.