Hangzhou City Land Registration

Original Language Title: 杭州市土地登记办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201108/20110800346654.shtml

Hangzhou City land registration

    (November 23, 2010, Hangzhou City people's Government, the 57th Executive meeting January 16, 2011, Hangzhou municipal people's Government announced order No. 265, come into force on March 1, 2011) Chapter I General provisions

    First to standardize the land registration Act, protect the legitimate rights and interests of land rights, in accordance with the People's Republic of China real right law and the People's Republic of China land management act and other laws and regulations, combined with the city's actual, these measures are formulated.

    Second approach applies to the registration of land within the administrative area of the city Wang Zuo.

    Land registration in these measures in article, refers to state-owned land and collective land ownership, land use and land mortgage, land easements and in accordance with the laws and regulations required to register additional publicity in the land recorded in the land register acts, including land registration, initial registration, change of registration and cancellation of registration and other registrations.

    Referred to in the preceding paragraph other registrations, including correction of registration, registration, registration and closure of registration. State-owned land referred to in the first paragraph of this article, including the right to the use of State-owned land, State-owned agricultural land.

    Land referred to in the first paragraph of this article, including the collective construction land use rights, land, collective farming land (excluding land).

    Article fourth land registration to register principle of territoriality. Parties shall, in accordance with the provisions of these measures to the land where the city and County (City) land Administrative Department in charge of land registration, land administrative departments of the people's Government at the register and issuance of land-use rights certificates.

    Among them, the urban land registration, the parties should be submitted to the Agency of the Department of land administration, land registration, reported to the District Government registration, issuance of land-use rights certificates.

    Land mortgage, easement by the municipal or County (City) land administrative departments for registration, issuance of certificate of land that he rights. City land administrative departments of people's Governments, and shall separately appoint district people's Government and municipal land registration agency of the Department of land administration.

    Land administrative departments can be inspected by the land registration authority for land registration services.

    Article fifth legal registration of land ownership, tenure and other rights protected by law and no unit or individuals may infringe upon it.

    Without legal registration of land, no transfer, lease and mortgage.

    Chapter II general provisions

    Article sixth of land in land registration. Ancestor grade refers to the land ownership boundaries enclosed block or space.

    Construction land use right according to law in the land's surface, ground or underground set up.

    Seventh land rights in two or more people jointly own a land ownership or right, as common land. Including co-ownership and joint ownership. Co-ownership of land parcels, respectively owned by parties in accordance with land registration applications involving housing units total or the land use contract, the smallest unit a total of, the parties concerned shall jointly apply for land registration.

    Joint ownership, the parties concerned shall jointly apply for land registration. Eighth land registration of the parties involved, should be shared by the Parties apply.

    But there is one of the following, by the unilateral application by the parties:

    (A) the total land registration;

    (B) State-owned land-use rights, collective land ownership, land use right of the initial registration;

    (C) land registration of rights acquired through inheritance or bequest;

    (D) the people's Governments, people's courts, arbitral institutions of effective legal instruments and made registration of land rights;

    (E) the name, address, uses land registration content changes caused by change of registration;

    (F) the correction of the registration or registration;

    (VII) other circumstances as stipulated by laws, rules and regulations. Nineth minor piece of land rights, land registration applications made by the guardian.

    Minor land registration applications made by the parties, except as provided in this article 11th materials, should also be submitted to the guardian's identity.

    Tenth party concerned entrusts an agent to apply for registration of land, in addition to the provisions of article 11th materials, should also submit a power of Attorney and agent identification.

    11th if they apply for land registration, submit the following materials shall be registered according to different matters:

    (A) the land registration book;

    (B) the party identification;

    (C) evidence of the ownership of land;

    (D) cadastral surveys, maps and cadastral survey information such as address confirmation form the boundaries;

    (E) the ground attached to property ownership certificate;

    (Vi) shall pay the land use fee and penalty due to deferred pay the land use fee, tax documents;

    (G) analysis of the inheritance certificate, notary, notary certificate of the grant contract and other relevant legal instruments;

    (H) the stipulated by the Municipal Department of land administration of other evidence.

    For historical reasons the original incomplete source proof of land ownership, shall submit a written explanation of the evolution of the ownership of land and the recognizance bond.

    Land registration applications made by the parties, shall report to the Department of land administration on materials and reflect the true situation, and application materials the substance responsible for the authenticity, legitimacy and effectiveness.

    Article 12th on client applications for land registration, land administrative departments should be made according to the following circumstances:

    (A) applications for registration of land is not covered by the registration area, decisions should be made on the spot inadmissible and shall inform the Parties apply to the land administrative departments having jurisdiction;

    (B) application errors that can be corrected on the spot, should allow the parties to be corrected on the spot;

    (C) the application materials are incomplete or not in compliance with the statutory form, shall, on the spot or within the 5th time to inform all parties need to supplement the content;

    (D) the application materials are complete and comply with the statutory format, or correction all application materials submitted as requested by the parties, shall, within 3 working days to accept applications for land registration.

    Article 13th after accepting an application for land registration land administration authorities, can ask the parties on matters relating to registration enquiry, register land with the view on the ground. Land administrative departments on matters relating to registration to ask the parties, shall make inquiry records. To apply for registration of land field view, the Parties shall be present, land registration officer shall draw up a field view the recording.

    Ask for records and view the record shall be signed by the parties.

    Inquiries and inspection time is not included in the registration period.

    Article 14th following land administration authorities in the review, the land administrative departments of the portal, this public offering within the administrative area of newspapers or designated by the people's Government at a fixed place to make an announcement:

    (A) the total land registration;

    (B) the primary registration of collective land ownership and usufruct;

    (C) land administration authorities ex officio cancellation of registration, correction of registration;

    (D) the land administrative departments considered other matters need to be announced.

    Among them, the primary registration of collective land ownership and land tenure, land administrative departments should apply for registration in the land is located within the rural collective economic organization announced. Bulletin deadline is 15th. Expiry of the notice, the parties and other interested parties on notice without objection or objections do not set up, the way to 16th article the Department of land administration provisions of land registration procedures.

    Announcement time are not included in the registration period. 15th parties or other interested person objects to the announcement, within the time limit shall be announced in writing to the Department of land administration review application and submit all supporting materials. Land administrative departments shall receive a written review within 10 business days from the date of the application for review, review the applicant written notice and will review the results.

    Review time is not included in the registration period.

    16th section land registration procedures for land Administrative Department in accordance with the following provisions:

    (A) based on the audit results of the applications for land registration, in land fill in the land register;

    (B) according to the relevant content of the land register, fill out a land card, in right; (C) according to the land register of the relevant contents of certificate in land fill for land rights.

    Of total land, should evaluators for more land rights certificates of land rights. Article 17th land administrative departments shall accept land within 20 working days from the date of application for registration, settles land registration.

    Cannot be concluded within 20 working days, approved by the head of the Department of land administration, can be extended by 10 working days.

    18th under any of the following circumstances, land administrative departments not to register, and shall inform the parties in writing reasons for registration:

    (A) the land ownership dispute;

    (B) land violations have not been or are being addressed;

    (C) does not pay the land use fee and penalty due to deferred pay the land use fee or taxes;

    (D) applications for the registration of land rights in excess of the prescribed term;

    (E) submit sources prove inconsistent with the cadastral survey of land ownership;

    (F) the laws, regulations or rules provide for registration of other cases. Article 19th land administrative departments shall establish a land register and land registry information system.

    Land register of land ownership and content based on the recorded date of the land register for land registration to be effective. Land rights certificates are proof of land rights to land rights.

    Items recorded in the land rights certificates, should be consistent with the land registry; inconsistent records unless there is evidence that the land there are errors in the register and the land register shall prevail.
Article 20th after the land alteration registration, cancellation of registration, correction of registration, indigenous land rights certificate from the Department of land administration withdraw; does not recover, the land administrative departments should indicate on the land register, and announce the abolition of the land-use rights certificates.

    Article 21st public query of land administrative departments in land registration information system.

    Land rights, interested parties can apply for land registration information involve State secrets, business secrets or private affairs otherwise.

    Land administrative departments should publicize the 22nd article of land registration conditions and procedures, deadlines and fees, subject to public supervision.

    Chapter III total registration of land

    Article 23rd land registration in these measures, refers to a certain time on the area of land or within a specific area of land comprehensive registration. Article 24th of the total land registration shall be published by the people's Governments above the county level notices.

    Notice includes:

    (A) classification of land registration district;

    (B) the duration of land registration;

    (C) land registration pickup location;

    (D) land registration, the parties concerned shall submit the relevant supporting documents;

    (E) other things to notice.

    25th the Parties shall within the time specified in the notice to the designated location land registration applications made to the land administrative departments. Meets the requirements of land registration, the Department of land administration shall be published.

    Main contents of the bulletin include:

    (A) the name or name and address of the land rights;

    (B) approve the registration of land is located, location and size, purpose, nature of ownership, the right type and uses the term;

    (C) land rights and other interested parties raised objection to the term, manner and organization;

    (D) other matters need to be announced.

    The fourth chapter initial registration

    Article 26th initial registration in these measures refers to the total land registration for registration of land rights established by law.

    27th land rights established by law in any of the following circumstances, the Parties approved by the people's Governments above the county level shall take files and other related documents, apply for the initial registration of right to use construction land:

    (A) into the Government reserve land according to law;

    (B) of the allocation made use of State-owned land;

    (C) to sell, lease, made use of State-owned land;

    (D) the allocation of State-owned construction land use right according to law to transfer, lease of State-owned construction land;

    (E) to state-owned land use rights to make contributions, shares or State-authorized operations make use of State-owned land;

    (F) use of peasant collective land for construction of collective construction land use right of access to non-agricultural.

    Article 28th of transfer, leasing non-residential use of State-owned land acquired, non-residential use of State-owned land after the expiration of the renewal of approval, the parties concerned shall re-apply for initial registration of right to use construction land.

    29th underground space and floor space construction land registration measures shall be formulated separately by the municipal people's Government.

    30th State-owned agricultural land should be State-owned land use right certificate materials, primary registration of right to apply for State-owned agricultural land.

    31st of the following representatives of farmers ' collective, adjacent to the parties sign the property boundary range, sources of land ownership certificates and other materials, apply for the initial registration of collective land ownership:

    (A) belonging to the village of collectively-owned land, the village collective economic organizations or representatives of villagers ' committees village;

    (B) two or more farmers in the village of collectively-owned land, the village collective economy organizations in the village collective farmers;

    (C) belong to the collective ownership of rural land by the rural collective economic organizations representing rural collective.

    Article 32nd use land collectively owned by peasants barren hills, waste valleys, barren hillocks and the wasteland for farming, the interested party shall with agricultural land use contracts and other related documents, apply for the initial registration of collective farming land. 33rd villagers should be in accordance with the principle of one household, one housing, registration of homestead.

    Parties with a district or County (City) Government land use approval documents, other sources of land ownership certificates and other relevant supporting documents, apply for the initial registration of homestead.

    Article 34th mortgaged land, the mortgagee and the mortgagor shall land rights certificates, main creditor contract and mortgage contract related documentation to apply for land registration.

    Same time mortgages, mortgage registration in mortgage applications for registration order.

    Handle the mortgage of the land, that shall have the right of approval for approval or consent of the collective land ownership, shall also submit the relevant documents of ratification or the consent of the collective land ownership mortgage documents.

    35th after the right to an easement on the land, the party applying for registration of an easement, the servient owner land and the easement rights holder shall submit to the Department of land administration land rights certificates and easement contract and other related documents. Servient, dominant tenement belonging to different land administrative departments jurisdiction, parties may register with the charge of the servient land administrative departments of the application for registration of easements.

    Is responsible for the registration of the servient land administrative departments when the registration is complete, it shall notify the land administrative departments in charge of service registration requirements, which recorded in the land register of the service you want.

    The fifth chapter registration

    Article 36th registration of changes in these measures refers to land right change, or for land owner name or title, address, land use, size, change of registration.

    37th land registered according to law has one of the following situations, the Parties shall take the original land rights certificates, land-use change documents and other related materials that apply for registration of change:

    (A) the sale, Exchange, and analysis of, donation, inheritance, the earth buildings (structures) land use change caused by buildings and ancillary facilities;

    (B) land pricing, investment, shareholder and other causes of land tenure;

    (C) due to legal persons or other organizations for merger, Division, bankruptcy, reorganization, restructuring, asset transfer and other causes of land tenure;

    (D) alteration of the land caused by the disposal of the mortgaged property;

    (E) the people's Governments, people's courts and arbitral bodies arising from the entry into force of legal instruments of land use change;

    (Vi) other circumstances as stipulated by laws, rules and regulations.

    Article 38th of land were registered by any of the following circumstances, the Parties shall take the original land-use rights certificates, proof of the approval documents and other related materials, applying for the land alteration registration:

    (A) land-use change;

    (B) the name or a name change of the land rights;

    (C) the increase or decrease of the land area;

    (Iv) changes in land is located;

    (E) to split or merge;

    (Vi) other circumstances as stipulated by laws, rules and regulations.

    39th after completion of construction projects, the Parties shall take the original land-use rights certificates, planning related documents such as proof of acceptance, application for review and acceptance.

    To review after acceptance by, belonging to the non-real estate development projects, the Parties shall review proof of acceptance for construction projects and other related documents, according to the reviews evaluate the results to apply for land use changes belonging to real estate development projects, the Parties shall take the housing and other related documents, basic unit apply to housing in the land alteration registration.

    Within the construction area owners in common road, green areas, public facilities occupy the land use right of the land, the land administrative departments in the land should be recorded on the register, but not issuing land rights certificates.

    During the 40th mortgage of the land, transfer of land use right according to law, the Parties shall with the consent in writing for the transfer of certificates and transfer contract and other related documents, apply for land registration.

    Had mortgaged the land use right transfer, the Parties shall hold land rights certificates and encumbrance certificate, apply for a mortgage of land registration.

    Being legally registered mortgage of the land transfer because of the principal debt is transferred, the main claims of the assignor and the assignee could take the original land right certificates, proof of the transfer agreement, has to notify the debtor and other related documents, apply for a mortgage of land registration.

    Article 41st easement after the land transfer, the parties applied for registration, the servient owner land and the easement rights holder shall hold the easement after the change the contract, land rights certificates and other relevant documents, apply for the easement changes.

    Easement contract is changed, the Parties shall take the original land that he rights certificates, change the easement contract and other related documents, apply for the easement changes.

    Chapter Sixth cancellation of registration

    42nd cancellation of registration in these measures refers to extinction for the registration of land rights.

    43rd under any of the following circumstances, the land administrative departments can cancel registration:

    (A) the resumption of State-owned land in accordance with law;

    (B) collection of peasant collective land in accordance with law;

    (C) by the people's Court, arbitration institution of effective legal instruments due to land rights, parties fail to cancel its registration;

    (D) other circumstances as stipulated by laws, rules and regulations.

    Article 44th of land rights resulting from any of the following circumstances, the original land owner shall, on the date of the land rights in the 15th held indigenous land rights certificates and other relevant documents, apply for cancellation of registration:

    (A) due to natural disasters and other causes of land rights;

    (B) the registered land mortgage, easement termination;
(C) other circumstances as stipulated by laws, rules and regulations.

    Expiration of a non-residential use of State-owned land, indigenous land rights does not apply for renewal or renewal is not approved, shall, before the expiration of within 15th held indigenous land rights certificates and other relevant documentation to apply for cancellation of registration.

    Article 45th is not in accordance with this article 44th provisions apply for cancellation of registration of land within the Administrative Department shall order the 15th for party fails to take care of, for cancellation notice by the Department of land administration, directly after the expiry of the notice for cancellation of registration.

    Expiration of a mortgage on land, the party did not apply for mortgage cancellation of registration of land, apart from the expiry of the mortgaged land, and land administrative departments shall not canceling a registration of mortgage of the land directly.

    Article 46th idle or rural houses collapsed, the demolition did not return to service after Homestead, to the land administrative departments by the rural collective economic organizations apply for cancellation of registration, submitted to the district or County (City) after the Government approved, resumption of land use rights.

    The seventh chapter registration 47th land administrative departments found recorded in the land register matters is definitely incorrect, shall be approved by the people's Government at the correct register and notify the land owner within the 15th for replacement or cancellation of procedures of indigenous land rights certificates.

    Fails to apply for land rights, land administrative departments of the people's Government at the same level and after the direct replacement or cancellation of the original certificate of land rights, indigenous land rights certificate revocation.

    Correction of the registration relates to land ownership, shall the correction of registration results were announced. 48th land rights recorded in the land register matters wrong, you can take the original land rights certificate, proof of registration error correlation proof material, application for correction of the registration.

    Interested parties recorded in the land register matters wrong, can agree in writing to correct the land rights holder correlation proof material, application for correction of the registration.

    49th land recorded in the land register right holders did not agree with the correction, an interested person may apply for registration.

    To meet the conditions for registration, Department of land administration-related matters should be recorded in the land register, registration certificate issued to the applicant and, at the same time notify the land recorded in the land register right.

    Of registration to the applicant at the date of the dissidence registration Court in the 15th, the people's Court to be admissible, the applicant shall provide notice of the proceedings inadmissible to the land administrative departments.

    During the registration, without the consent of registration rights, not for alteration or setting land mortgage of land rights.

    50th under any of the following circumstances, registration applicant land recorded in the land register or the right holder may hold relevant certificates apply for cancellation of registration:

    (A) registration to the applicant within 15th date of the dissidence registration no action;

    (B) the registration applicant's prosecution is not accepted by the people's Court;

    (C) the Court of registration to the applicant's claim is not supported.

    Registration after cancellation, the original applicant apply for registration again on the same matter, land administrative departments shall not accept it.

    51st after the parties signed a contract of assignment of land rights in accordance with law, in accordance with the agreed land rights certificate, transfer contract and other related documents to apply for registration.

    To meet the conditions for registration, Department of land administration-related matters should be recorded in the land register, and issued a notice to the applicant proof of registration.

    After registration, debt eradication or able to land within 3 months from the date of registration of the party did not apply for land registration, registration failure.

    During the registration, without consent of the registration rights, not for changes to land rights registration of mortgages, easements or land register.

    52nd land administrative departments should be provided according to the people's Court of attachment or notice of seizure orders and assist in the implementation, upon approval by the people's Governments at the same level, will be sealed up or seized records at the land register.

    The public security organs, procuratorial organs for handling cases of seizure of land required, in accordance with the measures of attachment registration seized land on people's Court provides, go through the seizure of registration.

    53rd over two (two) people's court seized of the same land, the land administrative departments should first serve to assist the Executive's Court registration procedures for seizure notice, served notice for assistance in the implementation of the people's courts ' handling after seized on the waiting register and shall inform the other people's Court in the land has been seized and sealed up the situation.

    Seal up waiting for registration refer to the provisions of the preceding paragraph.

    54th attachment, or a people's Court to lift the time of seizure seizure, seizure, seizure of registration failure, the land administrative departments should be sealed up, check registration cancelled.

    55th Court attachment, seizure of land, in the sealed up or seized during the may handle changes to land rights registration of mortgages, easements or land register.

    Supervision and administration of the eighth chapter

    56th of municipal people's Governments shall strengthen the supervision and management of the land registration process, establish and perfect the supervision and inspection system of land registration and administrative accountability system.

    Land administrative departments of the city special inspection should be carried out according to the actual situation of the land registration, found illegal or improper behavior in the land registry and shall promptly rectify or investigation. 57th city land administrative departments can implement land rights certificate identification system, timely correction of illegal or improper land registration.

    Land rights certificate inspection system formulated by the Department of land administration, the municipal people's Government for approval.

    Nineth chapter by-laws Article 58th loss, loss of land rights certificates, land rights should in the administrative area where the main newspaper land rights certificate lost, after 15th loss Declaration, published a statement, loss, cause of loss written recognizance bond, and other related materials to the land administrative departments apply for permits.

    Replacement of land rights should be indicated on the certificate "issued retrospectively" words and indigenous land rights certificate number. 59th these measures shall come into force on March 1, 2011. June 29, 2004 published by the Hangzhou municipal people's Government of the land registration district, Hangzhou City (Hangzhou City people's Government order No. 203) repealed simultaneously.