On The Housing Of Small Property Right Ownership And Property Changes

Along with the development of social economy and rapid development of real estateindustry, the rising house price promotes the development ofhouses with limited property rights. However, according to The Land Administration Law ofthe PRC, the houses with limited property rights usually have no formal certificates issued bythe national house property authorities including land use certificate, house proprietarycertificate, and deed tax certificate. Due to the incompleteness of the property right, the tradeand transfer of rural houses with limited property rights in the market is of great dispute. Itcan be said that the houses with limited property rights only have the use nature, but have nolegal nature of common commercial houses. As to the cases involving with houses withlimited property rights, the people’s court cannot apply the laws and regulations ofcommercial house purchasing. Thus, the people’s court cannot guarantee the rights andinterests of purchasers who buy houses with limited property rights. The Ministry of Landand Resources halts the houses with limited property rights severely for several times, but thehouses with limited property rights are popular with many citizens and peasants because oftheir cheap price and fuzziness of policies, laws, and regulations. These houses are still soldwell in the market. Nevertheless, the uncertainty of the houses with limited property rights inlaws leads to great hidden danger to social risk and brings about some negative results. Thechange of real right in houses with limited property rights judged by the court is verydifferent from the direction of laws and regulations. Some housing estate developers andvillages and towns pursue excessive profits regardless of overall land use planning and urbanand rural construction planning. The excessive development and construction of rural landswill inevitably influence the cultivated land protection system and disturb the healthydevelopment of national real estate market.At present, the houses with limited property rights account for a great proportion to allhouses, and involves with profits of many people. If the houses with limited property rightsare denied completely in line with laws, the stability of the whole society will be influenced.Thus, how to transfer the houses with limited property rights to houses with property rightsreasonably and gradually in line with current laws and regulations and realize the belonging of legal property rights and change of legal real right in houses with limited property rights isa test on intelligence and ability of legal staffs and governmental officials, and is related tosocial stability and steadiness. Besides, after the implementation of Property Law of the PRC,citizen’s property right is fully affirmed. Then, is the belonging and change of property rightin houses with limited property rights also approved by laws? Can houses with limitedproperty rights be transferred into legal houses with property rights? Is the legal transferunder the premise of clear belonging of property rights the legal change of property rights?According to The Land Administration Law of the PRC, Property Law of The PRC and otherrelevant laws, through the field investigation in places including Ningbo and Huzhou, basedon relevant references and literatures, several dispute cases related to houses with limitedproperty rights are studied. Through the analysis on the belonging of the property rights inhouses with limited property rights, an introduction and research is made on the change ofproperty rights in modes such as market trading, legal processing, and auction. Meanwhile,combining with current land management regulations in China, the necessity for theconstruction and completion of laws and regulations related to houses with limited propertyrights is emphasized. In the end, suggestions and opinions are put forward from three aspectsincluding: construction of relevant laws and regulations, establishment of legal position ofhouses with limited property rights, and operation of solving houses with limited propertyrights.