How to trade houses with small property rights: process, risks and precautions
In recent years, houses with small property rights have become the choice of some home buyers due to their low prices, but the transaction process is complicated and the risks are high. This article combines the hot topics on the Internet in the past 10 days to sort out the core points of small-property housing transactions and help buyers avoid potential risks.
1. Definition and types of houses with small property rights
Small-property houses usually refer to houses built on rural collective land without paying land transfer fees. The property rights certificates are issued by the township government or village committee, not the national housing management department. Mainly divided into the following three categories:
| Type | Features | legal effect |
|---|---|---|
| Collective construction land house | Built on collective construction land and occupied by villagers | Only available for intra-village transactions |
| homestead house | Built on homestead land without complete property rights | Forbidden to sell to outsiders |
| Illegal housing development | Developers build illegally and without legal procedures | not protected by law |
2. Small Property Property Transaction Process
You need to be cautious when trading houses with small property rights. The following is the basic process:
| steps | Operation content | Things to note |
|---|---|---|
| 1. Verify the property | Check the property ownership certificate (such as village committee certificate) | Confirm whether the seller is the property owner |
| 2. Sign the agreement | Sign the "House Sales Contract" with the seller | Liability for breach of contract needs to be clearly defined |
| 3. Payment method | Usually paid in one lump sum, no loan support | Avoid installment risk |
| 4. Transfer procedures | Village committee or township government handles name change | Unable to complete formal property rights transfer |
3. Transaction Risks and Legal Issues
There are the following main risks in small-property real estate transactions:
| Risk type | Specific performance |
|---|---|
| Property rights are not protected | Unable to apply for real estate registration, difficult to obtain compensation in case of demolition |
| Contract is void | The court may rule that the transaction agreement is invalid |
| Policy changes | Land property adjustment leads to house repossession |
4. Practical suggestions for reducing risks
1.Check the nature of the land: Check the land plan through the natural resources department;
2.notarized contract: Although it cannot replace the transfer of property rights, it can enhance the legal effect;
3.Keep transaction receipts: Save payment records, agreements and other evidence;
4.Consult a professional lawyer: Assess legal risks in advance.
5. References to recent hot cases
In May 2024, a local court ruled in a dispute over a small-property house. Because the house was built on agricultural land, the sales contract was invalid and the buyer lost all the purchase money. Such cases occur frequently and should be taken as a warning.
Summary
Although the price of small-property housing transactions is attractive, the legal risks are extremely high. Home buyers should fully understand the policies, make prudent decisions, and give priority to properties with legal property rights. If you must trade, be sure to reduce risks through professional channels.
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