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Compensation for house demolition with real estate license and no land certificate
1. If only the real estate license has no land use right certificate, it will inevitably bring risks to the purchase and transaction of residential real estate. It is difficult to understand the mortgage of land use rights and avoid risks in time. It is difficult to find the fact that developers use land illegally, and the second-hand housing transaction will be affected;
2. It will suffer losses during the period of demolition compensation. Demolition compensation includes not only the value of house ownership, but also the value of land use right.
Land Management Law of the People's Republic of China
second
The following land belongs to the whole people, that is, the state:
(1) Urban land;
(2) Land that has been expropriated, requisitioned or acquired as state-owned in rural areas and urban suburbs according to law;
(3) Land requisitioned by the state according to law;
(4) Woodlands, grasslands, wasteland, beaches and other lands that are not owned by collectives according to law;
(five) all the members of the rural collective economic organizations are turned into urban residents, and the land originally owned by its members collectively;
(6) Due to national migration, natural disasters and other reasons, after the collective organized land migration of farmers, the land that was originally owned by the relocated farmers and no longer used. Article 48
Fair and reasonable compensation should be given for land expropriation to ensure that the original living standards of landless farmers are not reduced and their long-term livelihood is guaranteed.
Land requisition shall pay land compensation fees, resettlement subsidies and compensation fees for rural villagers' houses, other ground attachments and young crops on time and in full according to law, and arrange social security fees for landless farmers.
The standards of land compensation and resettlement subsidies for requisitioning agricultural land shall be determined by the provinces, autonomous regions and municipalities directly under the Central Government through the formulation and publication of comprehensive land prices in the region. The formulation of regional comprehensive land price should comprehensively consider the original land use, land resource conditions, land output value, land location, land supply and demand, population and economic and social development level and other factors, and be adjusted or re-published at least once every three years.
Compensation standards for expropriation of agricultural land, ground attachments and land other than young crops shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. In accordance with the principle of compensation before relocation and improvement of living conditions, fair and reasonable compensation shall be given to rural villagers' houses, and the wishes of rural villagers shall be respected. Fair and reasonable compensation shall be given by rearranging housing sites, providing resettlement houses or monetary compensation, and the relocation and temporary resettlement expenses caused by expropriation shall be compensated, so as to protect rural villagers' right to live and legitimate property rights and interests.
The local people's governments at or above the county level shall incorporate the land-expropriated farmers into the corresponding social security system such as providing for the aged. The social security expenses of landless peasants are mainly used for social insurance payment subsidies such as endowment insurance for eligible landless peasants. Measures for the collection, management and use of social security fees for landless farmers shall be formulated by provinces, autonomous regions and municipalities directly under the central government.
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