A title deed is an important legal document that proves the ownership of a home. However, sometimes, the title deed is on the owner of the house and the actual purchase is in this caseIf the house expires after 70 years, who owns it? The state has made it clear on this issue that the tenants are not consistent, which leads to the problem of the existence of the real estate certificate. In the answer.
Case review
1. Who does the house belong to after 70 years of ownership?
First of all, for the issue of home ownership,The state has clear laws and regulations that the ownership of houses shall be owned by the owners of houses.
After the expiration of the 70-year property right, the house still belongs to you, and the ownership does not transfer. The term of the property right of the house is the time period of the land occupied by the house, the land is owned by the state, and the individual only has the right to use, but the house on the land is owned by the individual and has ownership. A house with a 70-year property right is a residential land and will be automatically renewed upon expiration.
If the owner of the house and the owner on the title deed are not the same, it is necessary to go through the transfer procedures in time to ensure the legitimacy of the ownership of the house.
Secondly,The term of the lease is usually clearly stated in the lease contract, and the house is returned to the owner of the house after the lease period expires.
After expiration, the property and the owner can jointly submit to the relevant local departments to obtain a new service life by paying the land transfer fee and re-signing the land use right contract. However, the land transfer fee paid should be lower than the price of the same type of land.
In the case of privately owned houses, the property owner is free to dispose of it, including transfer or inheritance.
If the owner of the house dies before the expiration of the lease term, the property rights shall be inherited by his legal heirs in accordance with the relevant inheritance laws.
Finally, for houses on state-owned land, ownership of the house should normally be returned to the state after the expiration of the 70-year land use right.
At the same time, before the expiration of the 70-year property right period, the property owner should also pay attention to the relevant regulations and enter the ** house transfer or inheritance in accordance with the law.
Legal basis: Civil Code of the People's Republic of China
Article 359.
If the term of the right to use land for residential construction expires, it shall be automatically renewed. The payment or reduction of renewal fees shall be handled in accordance with the provisions of laws and administrative regulations. The renewal of the right to use land for non-residential construction after the expiration of the term shall be handled in accordance with the provisions of law. If there is an agreement on the ownership of houses and other immovable property on the land, it shall be in accordance with the agreement; Where there is no agreement or the agreement is not clear, it is to be handled in accordance with the provisions of laws and administrative regulations.
2. How long is the applicable life of the land?
Residential land: The land use period is 70 years;
Industrial land: The land use period of the national uniform implementation is 50 years;
Land for education, science and technology, culture, health, and sports: The land use period is 50 years;
Commercial, tourism and recreational land: The land use period is 40 years;
Comprehensive or other land use: The land use period is 50 years.