Legal Issues Related To The Pfer Of Foreign Related Real Estate

So-called

The pfer of foreign related real estate abroad should be certified by the notarization and diplomatic organizations of the country or region where it is located. The certification of the Chinese embassy or consulate in the country or the relevant commercial agency shall also be notarized by the notary office in China.

The object of real estate pfer is the ownership of the house and the right to use the land. If both exist at the same time, the pfer must not be separated at the same time. If the building or other buildings have not been built on the block, the pfer can be the pfer of the right to the use of the land.

The "urban real estate management law" stipulates that when the real estate is pferred, the ownership of the house and the right to the use of the land must be pferred at the same time.

The pfer of real estate must be

1, not legally registered to obtain real estate warrants;

2, the total real estate has not obtained the written consent of the real estate owner.

3. The dispute of ownership is not settled.

4, be legally sealed up or other forms of restriction on real estate rights;

5, the right to the use of land is recovered according to law.

6, other laws and regulations do not pfer the real estate.

As for the pfer of the right to the use of land, in order to prevent huge profits from selling land and to make a great loss of the proceeds of the national land resources, the state has also made corresponding restrictions on the pfer of the right to the use of the land.

For example, the pfer of land use right should be accords with the following conditions:

1. In accordance with the contract of assignment, the pfer fee of all the land use rights has been paid and the certificate of the right to the use of land has been obtained.

2, according to the contract for the assignment of the right to the use of land, investment and development shall be completed. The housing construction projects must be completed by more than 25% of the total amount of development investment. If the land is developed into a piece of land, it is necessary to form the conditions for industrial land or other construction land, so that a certain scale of development can be pferred.

The main forms of foreign real estate pfer are sale, reciprocity, donation, inheritance and other legal forms.

Foreigners, Hong Kong, Macao and Taiwan compatriots purchase existing houses in China.

It can be carried out in China or overseas. In Hongkong, a lawyer who can entrust the Ministry of justice of China to handle mainland business is mainly responsible for signing a sales contract, handling relevant notarization, and registering to the registration authority.

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1. The certificate of the right to the use of land has been delivered to the entire land use right pfer fee.

2, with the construction planning permit and construction permit;

3. The total investment has been completed by more than 25%.

4, through the pre-sale registration of the government's real estate management departments above the county level, obtain the pre-sale permit.

Foreign real estate inheritance.

Foreigners, Hong Kong, Macao, Taiwan and overseas Chinese make a will on their own real estate in the mainland of China. There must be two or more interested parties to witness, sign, seal, and then have the legal effect of notarization.

Foreigners and overseas Chinese who apply to inherit real estate in China should be notarized to prove their identity, address and kinship with the Chinese heir in their country of residence, and be certified by the Chinese embassy or consulate in the country.

The applicant applies the certificate of notarization, the death certificate and the will of the decedent to the notary office at the place where the property is located, and applies for the certificate of inheritance right, and carries out the inheritance succession.

If an applicant can not handle the above procedures in person, he may entrust another person to handle it. He shall have a written power of attorney and be notarized and certified.