Legal Problems Of Small Property Room

Houses with limited property right is also known as houses with property right given by town or village, which do not have a clear legal definition. The basic connotations of the house include five aspects as follows:housing construction is on the collective owned land, be not included in the town planning, do not pay relevant taxes of land and construction, cannot have a certificate of land usage right, the certificate of the housing property is given by the authority that is not available or non-official. Nowadays one of the focuses of the relevant Chinese real estate legal issues is the increasingly serious problem of the limited property right. The geographic position of the house with limited property right is special and it sales at a low price. The development and construction of the house is lack of clear legislative authority. The flaw of the housing property which brings disputes and impact on the local general commercial housing market caused the government to pay a special attention.The phenomenon was not occurred in the recent years but has been exited in China for more than twenty years. The problem has not been found just because it has not been formed into a big scale, the disputes are not related to the commodity house market and because it did not harm the interests of the majority. But with the rapid development of the economy and the rising prices the house with limited property right is becoming more and more and is now spread all over the country. Although it did not obtain legal recognition, people still scramble for it. The causes of the formation of the house with limited property right are as follows:the lack of coercive power of the policy, the steadily rising prices of the house and the land structure.Currently the houses with limited property right is becoming more and more and a large number of the houses built or to be built not only hurt the interests of the real estate developer, but also a threat to the security of the country’s cultivated land. The solution of the problem is need first to maintain the authority of law, and then to protect the security of arable land and food, and last to keep the market order and to protect the interests of the developers, also is need to protect the legal rights and interests of consumers. So the problem is one of the important legal problems that need urgently be solved in our country now. I discuss the problem through the analysis of the documentation and the method of case study in order to get a reasonable solution.The methods that should be taken to solve the problem:the principle to solve the problem is to help to keep social stability. The problem should be solved accordingly. To perfect the Property Law to formulate related law of the house with limited property right and perfect laws of land expropriation.