Guangzhou lawyer Zhang Jing answers: Many single-family houses in the suburbs of Guangzhou have a large area of vacant land, in this case, if you buy and sell, you should pay attention to whether the seller has property rights to the vacant land, whether it is property rights or lease rights. The property can be transferred together with the house, and the lease right can only be transferred. As long as there is no objection from the owner of the vacant land, the transfer is also legal. In the following case, the court held that the contract for the sale and purchase of the house with vacant land was legal and valid, and the lease right of the attached vacant land was transferred together, and the seller could not terminate the contract.
Excerpt from the verdict:
This court held that this case was a dispute over a house sale contract. The focus of the dispute was whether the SPA should continue to be performed, and the Court's analysis was as follows: The SPA was signed by Seller Feng and Buyer Chen. The subject matter of the contract is real estate and attached vacant land that has been registered with legal property rights. Among them, the attached vacant land was leased by the Feng seller. As the Vendor did not have ownership of the vacant land, he could only transfer the lease of the vacant land through the Sale and Purchase Agreement instead of ownership. The parties also did not stipulate in the Sale and Purchase Agreement that they needed to transfer the ownership of the vacant land and go through the formalities for the registration of the change of immovable property. In this case, the Seller did not provide evidence to prove that the owner of the vacant land objected to the contents of the Sale and Purchase Agreement and obstructed the performance of the contract. Therefore, the subject matter of the transfer agreed in the Sale and Purchase Agreement does not violate the mandatory provisions of laws and regulations, and there is no situation where performance cannot be performed. Seller Feng's claim to terminate the Sale and Purchase Agreement has no basis in law and is not supported by this court.