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Shanghai Is The First To Buy Land To Buy Land, &Nbsp.

2011/5/31 13:54:00 67

Land Use Rights Developers Advertise

"Buy a house and send it to the land."

A real estate in Jiaxing surrounding Shanghai passed the local media in Shanghai recently.

Advertising

As long as we buy an elevator house, we can get 9 square meters of land use right.

This is the first time that developers have promoted the sale of land in the form of selling land.


According to the regulations of the relevant departments, the pfer of the right to the use of state-owned land must be approved and approved by the relevant departments.

At present, even developers with real estate development qualifications can not pfer state-owned land at will.

Usufruct


Then, how will the above developers "give away" the right to use the land?


"Give away" to "claim"


The above building is called Nanbei Lake Helen Flower City, located in Haiyan, Jiaxing.

In May 29th, the real estate advertised in the northern family newspaper Shanghai Property Weekly that only a small apartment house could be granted 9 square meters of land use right, and the owners of Shanghai could grow vegetables and fruits on the donated land.


The daily economic news reporter called the Sales Office of the sales office in the name of the buyers yesterday, asking whether the activities of the above land delivery were there.

Sales staff said that as long as the purchase of the property and the developer signed an agreement, you can be granted the right to use state-owned land.

But the state-owned land is not in the District, but near the district.


Is the legal right to grant land use right?


Previously, the Interim Regulations on the pfer and pfer of the right to use the state owned land in People's Republic of China clearly indicated that the right to use the land should not be pferred if the land was not developed and used in accordance with the term and conditions stipulated in the contract for the pfer of the right to the use of land.

Moreover, the pfer of the right to the use of land is subject to the approval of the relevant departments.


In order to confirm whether the behavior of the developer is illegal, the reporter interviewed the staff of the company, but the staff mentioned that the land use right is not a gift but a claim. The nature of the land is agricultural land instead of residential land.


Great risk


For the above developers' practice, the staff of the legal consultation hotline of the Ministry of land and Resources said there was no statement of giving the right to use state-owned land.

If developers change the nature of state-owned land for farming, they are in violation of relevant laws and regulations.

If the land itself is a collective nature of agricultural land, urban residents can not get the right to use agricultural land.


The staff also cautioned that buyers should pay attention to the legality of the right to use the land. If the right to use land is not legal, the land use right of the buyers will not be protected.


For the above claim, Du Yueping, a lawyer at Du Yueping law firm in Shanghai, said that if land use rights were simply "claimed" to property buyers, buyers would not be able to really own land, but only by signing agreements to recognize land use rights from developers.


However, it is uncertain whether the developer's land use life has been long, and whether he has paid enough land pfer fees.

Developers

The land may be confiscated if the land use fee and land use fee are not paid.

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