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What should I do if my house without a real estate certificate has been forcibly demolished? What should I do if the house I bought without a real estate certificate is to be demolished now?

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Article author:Yingting Lawyers Group | Update time:2023-06-15 | Reading times:870

It is said that it is difficult for a daughter to buy a Hanzi. It is a happy thing to get a large amount of compensation for demolition. However, some people feel uneasy about Hanzi because they do not have a real estate certificate. The house without a real estate certificate was demolished. Can they get corresponding compensation? What should I do if my house without a real estate certificate is demolished? There are three main reasons for not having a real estate certificate:

First, the house lessee did not go through the house building procedures and built the house privately, resulting in the inability to apply for a real estate certificate.
Second, the second house has a small property right. Only houses with large property rights have separate property rights certificates.
The third is the house left by the ancestors. Historical issues have resulted in no real estate certificate. Whether you can get compensation without a real estate certificate depends on the specific circumstances.

Specializing in legal affairs such as administrative litigation and criminal litigation related to land acquisition and demolition, he has extensive experience in administrative reconsideration, administrative litigation and civil litigation in real estate disputes. Since his practice, he has represented and consulted on thousands of real estate dispute cases including land expropriation, house demolition, land ownership disputes, land infringement, house sales, and real estate mortgages in 28 provinces and municipalities, involving hundreds of millions of yuan in assets, and has accumulated rich experience in handling cases.

Time division: 2008 is an important standard line. Houses built before 2008, regardless of whether they have a real estate certificate or not, can get 100% compensation. Houses built after 2008 without a certificate will be compensated 60% from 2008 to 2010, 60% from 80 to 14 years, 40% from 15 to 17 years, and no compensation for 18 years.

Time division aside, if there is no proof, who will the money be paid to? For example, many self-built houses in rural areas do not have real estate certificates. As long as the village committee issues relevant instructions, villagers can obtain compensation. If it is a house with small property rights, that is, a house built on a rural homestead, because rural homesteads are not allowed to be sold to people outside the village, there is no real estate certificate at all.

This kind of compensation will also be available, but the money will be paid directly to the villagers on the homestead, and will not be paid to the house buyers who have property certificates, but the houses have been demolished before the transfer. If the house payment has been paid after the contract is signed, the people who live in will receive normal compensation, and the compensation also belongs to the house buyers. Various places have detailed regulations on land acquisition compensation.

If you encounter unreasonable compensation, you can consult our relevant lawyers and protect your legitimate rights and interests through legal means.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail. If you want to know more about this, you can consult a demolition lawyer for free consultation | Demolition lawyer consultation platform | Professional demolition lawyer team | Demolition lawyer online consultation.


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