Countermeasures Research On Land Subdivision And Registration For Xi’an Commodity House

In China,"Urban Real Estate Management Law","Property Law "and other severallaws set, real estate registration executes land use right and house ownership to register,and real estate trade requests two certificates. Currently in Xi’an city, Land andResources Bureau deal with state-owned land use registration for the whole real estateproject, ailing to cope with the individual commercial house. Such practices harm thelegal rights of purchasers, and it is difficult to contain real estate developers from theroot of the illegal land behavior, last it brings security hidden danger to the real estatemarket for healthy operation. It is imminent to carry out land subdivision andregistration for commodity house in Xi’an city. Therefore, recently Xi’an Bureau ofLand and Resources will bring land subdivision and registration for commodity houseinto force.This paper, firstly, through analyzing the current mode of land subdivision andregistration for commodity house, summarizes the experience and points out shortagefor current land subdivision and registration. These lay the foundation for furtherresearch on land subdivision and registration for commodity house in Xi’an. Secondly,in view of the shortage of current land subdivision and registration, this paper discussespool schemes, and points out that the scheme that base area and public land poolrespectively is more reasonable; Comparative analysis of three pooling methods in theacademic circle, through the theoretical research, this paper puts forward the landpooling rate of the floor to pool, and combine with the building facing correction rateand the building area to ensure the pooling areas of base area and public land; Throughthe classification of underground garage, discusses property rights, tracing the chainland rights, studies land subdivision and registration for the independent underground garage. Finally, based on current Xi’an Bureau of Land and Resources and Bureau ofHouse Property, combining the status of the house ownership and the land use right ofthe nature and features, this paper table a proposal that Xi’an should practise the twocertificates; And from the macro level of the government view and micro level of theconcrete implementation land subdivision registration puts forward relevant policysuggestions.This study is the improvement of the current land pooling method, and seeks for theorysupport for land subdivision registration of underground garage. The research in thispaper can provide strong theoretical reference to Xi’an land subdivision registration,promote Xi’an land subdivision registration more efficient.