(August 11, 2003 Wuhan City Government 8th times Executive Conference considered through September 15, 2003 Wuhan City Government makes 146th, announced since October 20, 2003 up purposes) first chapter General first article for specification land registration behavior, strengthening land registration management, protection land right people of lawful rights and interests of, according to People's Republic of China land management method, and People's Republic of China City real estate management method, legal, and regulations, combined this city actual, developed this approach.
Article within the administrative area of the city's State-owned land use right, collective land ownership, land use and land rights (hereinafter referred to as land rights) the creation, modification, termination, registered in accordance with these measures. Third, is the city's land registry by the land administration authorities directly responsible for the riverbank, jianghan, (Editor's Note: this stone by the left, the right for Joe), Hanyang, Wuchang, qingshan, Hongshan district, Wuhan economic and technological development zone in Wuhan East Lake high-tech development zone of land registration.
The land Administrative Department in charge of the other in the city area of land registration.
Article fourth land administration and the real estate administrative departments should cooperate, in line with the principles of convenience and help to simplify procedures and improve efficiency, in accordance with the provisions of the municipal government, registration of common land rights and home ownership. Article fifth land administration departments for the land rights of the applicant shall review and confirm, land certificates issued by the people's Governments at the corresponding level.
Land certificate is legal evidence of the right to use and dispose of land according to law.
Legal registration of land rights are protected by law and no unit or individuals may infringe upon it.
Sixth without the legal registration of land, no transfer, lease or mortgage.
Chapter II general provisions article seventh land registration in these measures, including the initial registration, set the registration, Reregistration and cancellation of registration.
Initial land register, in accordance with the relevant provisions of the State, the municipal government issued a circular, City Department of land administration organizations.
Article eighth as the basic unit of land registration.
Ancestor grade is a plot of the land boundary line closed.
Possession or use of more than two land-use or land owner of the land, should apply for registration.
Land types, expiration dates and different purposes, should be designated.
Used in common by two or more users of a land, each Party shall apply for registration.
Nineth land register shall record the land owner names, location, area, land use, nature of ownership, tenure type, access time, expiry dates, his right position.
Article tenth of the land register in accordance with the following procedures: (a) the applications for land registration, (ii) cadastral surveys, and (iii) the ownership audit and (iv) registration (e) land certificate issued or replaced.
Applicant shall be paid in accordance with the provisions of the land registration fees. 11th land rights can apply for land registration, or may appoint another agent to apply for land registration.
Delegate applications for land registration, the agent should submit a power of Attorney and agent identification.
Overseas applicant on whose behalf the agent to apply for land registration, the agent shall submit a notarized or certified power of Attorney and agent identification.
Article 12th sale, Exchange, donation of land registration, mortgage and lease land use rights should be a joint application by the parties.
13th under any of the following circumstances may be made by a party to apply for land registration: (a) the inherited land, (ii) implementation of the people's Court or an arbitration institution is legally effective legal instruments and (iii) other circumstances as stipulated by laws and regulations.
14th article land right people should to following name application land registration: (a) corporate, for the corporate name; (ii) State, and institutions, and social groups, for the organ, and units of statutory name or Government confirmed of name; (three) illegal people organization, for the organization law registration of name or Government approved of name; (four) natural, for legal identity proved Shang of name.
15th article land registration application has following case one of of, land administration sector should suspended land registration: (a) application instruments need amendment or padded of; (ii) land ownership dispute yet processing of; (three) land violations yet processing of; (four) law limit land right or law seized ground buildings, and other attached real and limit land right of; (five) legal, and regulations provides should to suspended land registration of other case.
After the cases as provided for in the preceding paragraph is removed, the land administrative departments shall be granted of land registration.
16th article has following case one of of, land administration sector not land registration: (a) application registration of land is not this district within of; (ii) land registration applicants cannot provides legal identity proved of; (three) land ownership source unknown of; (four) transfer, and rental, and mortgage land right over land right transfer years of; (five) legal, and regulations provides not land registration of other case.
Article 17th land certificate applies an inspection system, land rights holder shall, in accordance with the land administration provisions of the term the land certificate identification formalities.
18th the land certificate shall not be altered, altered the land certificate is invalid. Land damage, upon inspection can be renewed.
When you issue a certificate and the cancellation of the certificate of the land. Article 19th land loss, land rights shall apply to the land Administrative Department reported in a timely manner and make a public statement. After the land Administrative Department in the investigation of land ownership, shall accept the loss of retroactive registration and issue a replacement certificate of loss announcement in the press, notice period is 30 days.
The notice period, no objection, the land administrative departments shall, from the date of expiration of the notice be issued retrospectively in the 3rd.
20th land administrative departments should be professional management of the land registration data, and the establishment of public query system of land registration.
21st chapter set registration legally obtained State-owned land, collective land ownership, land tenure, land rights holder shall obtain land rights within 30th of, apply for registration of land assigned to the land administration sector.
Article 22nd of renting or mortgaging land use right according to law, land rights from the land lease or mortgage in 15th on the date the contract is signed, certificates, land lease or mortgage of land contracts, land administration departments to apply for registration of land lease or mortgage.
Other land access to his right, the parties concerned shall, on the date of the contract or agreement is signed in the 15th, with land certificate, contract, or agreement, apply for registration of land rights to the land administrative departments.
Article 23rd temporary land units and individuals shall be from the date of provisional application was approved in the 15th, the relevant documents of ratification, to the land administrative departments to apply for temporary registration.
24th article application land set registration Shi, applicants should submitted following information: (a) land registration applications; (ii) units, and statutory representative people proved, personal identity proved or household proved; (three) land ownership source proved; (four) ground attached real property proved; (five) has corresponding qualification of measurement institutions issued of to nationality mapping results; (six) legal, and regulations provides of other about information. 25th land administration review set for registration by the applicant, in conformity with the provisions shall be from the date of acceptance of the application be approved to set up the registration in the 30th, and issued land certificates.
Reviewed do not meet requirements, and shall notify the applicant in writing and state the reasons.
26th State-owned land-use rights from units or individuals to apply for registration.
Collectively-owned land belongs to the village, the villagers ' Committee or the rural collective economic organizations apply for registration; belongs to the peasants of the Township, the town of collectively-owned land, Township and town people's Governments to apply for registration.
Collective land use rights by entities or individuals that use collective land, apply for registration.
State-owned agricultural land use, by using the apply for registration of agricultural land.
Land for public facilities, identify the administrative authority applying for registration by the Government. 27th land, first set the registration of ownership, should be announced. Registration application for review of compliance, land administrative departments shall make an announcement.
Notice period is 30 days.
The notice period, no objection, the land administrative departments shall, from the date of expiration of the notice be approved and registered within the 3rd, and issued land certificates to applicants. 28th to set challenging the registration, the land administrative departments shall, upon receiving a written objection within 7th day of, objection, serve a copy of the land register the applicant in writing. Land registration, the applicant shall from the date of receipt of the copy of the written complaint in the 10th, to the land administrative departments to provide a written reply.
Fails to reply, by the land administration department dismissed the applications for land registration.
After investigation and verification Lands Administrative Department, that objection is established, constitute a land ownership dispute, shall notify the parties in writing, and treated according to the relevant State provisions, depending on results accept registrations. Fourth chapter change registration 29th article has registration of land right met has following case one of of, land right people should according to national about provides, since signed contract or about instruments entered into force of day up 30th within application change registration: (a) State-owned land right, and collective land ownership, and collective land right law occurred transfer of; (ii) mortgage, and rental, he items right occurred changes of; (three) transfer land right years expires Hou, by approved continued period using of; (four) land right people name or name Building numbers, the land is located or has changed;
(E) alteration of the land area, (vi) other causes of land ownership.
30th article application land change registration Shi, applicants should submitted following information: (a) land change registration applications; (ii) and change facts related of agreement, and contract, proved instruments; (three) application change registration party of identity proved; (four) about approved file, non-corporate enterprise, and organization of land transfer, also should submitted its competent sector agreed transfer of approved file; (five) land certificate original; (six) has corresponding qualification of measurement institutions issued of change to nationality mapping results;
(G) the need to submit additional information. 31st the land administration review of the applicant's application for registration of changes, in line with the provisions of, the land administrative departments shall, from the date of acceptance of the application be approved for registration of change within the 30th, and issued land certificates.
Reviewed do not meet requirements, and shall notify the applicant in writing and state the reasons. Article 32nd pre-sale, sale people should get a pre-sale permit within 30th of, land certificates and pre-sale permit, apply to the Lands Administration presale of land registration, receiving real estate land division assignment and transfer of real estate land Division uses to inform the purchaser of the registration certificate.
The purchaser shall receive housing within 30th of, transfer of real estate land division registration certificates, certificates of ownership, land administration obtaining the land certificate.
Article 33rd selling public housing, flats for sale should be since the date of the purchasers obtain the building ownership certificate in the 30th, with public housing sales contracts, housing and land certificates, application for registration of changes to land administration departments.
34th towns listed residential property transactions, the Parties shall from the date of contract signing in the 30th, with land, housing and trade contracts, apply for registration of change to the land administrative departments.
Fifth chapter cancellation registration 35th article has following case one of of, land right people should since land right terminated facts occurred of day up 30th within, to land administration sector application land cancellation registration, and make back land certificate: (a) land transfer years expires, not application continued period or continued period not was approved of; (ii) County above Government or land administration sector law made recovered land right decided of;
(Three) Court or arbitration institutions law made land right transfer decided of legal instruments entered into force of; (four) for force majeure caused land out lost of; (five) land right rental, and mortgage contract terminated of; (six) collective of land law was all expropriation or agricultural collective organization belongs members law into formed to town residents of; (seven) land right terminated of other case.
One of the cases provided for in the preceding paragraph, land rights of an application is not submitted within the specified time, the land administrative departments ordered the cancellation of registration; fails to handle, you can direct the cancellation of registration, and 15th days after notice in writing of the cancellation of registration of land rights, land resumption of limited duration a certificate.
Article 36th land administrative authorities for the cancellation of registration of the applicant to apply for ownership of audit, compliance, shall from the date of acceptance of the application in the 30th to approved the cancellation of registration, certificate of land resumption and cancel the original.
37th land administrative departments discovered land or land rights registration error or missing, after verification, the land administrative departments should be corrected and re-registration, cancellation of the original certificate, correction of registration in writing notify the land owner, and issued land certificates.
Article 38th cancellation of certificate of land since the effective date of cancellation of registration failure, and announced to the public by the land administration sector.
Sixth chapter legal liability article 39th land rights without justification are not set by these rules apply for land registration, change of registration and registration of his right, by registration authorities in accordance with the provisions of the implementation measures for the land management in Hubei province ordered to go through, and registered more than 1 time fined not more than twice times; who refuse to handle, by illegal land.
40th party falsified land certificates, its falsified land certificates are invalid, bogus land confiscated by a registration authority certificates constitutes a crime, the attention of the judicial organs shall investigate the criminal liability.
41st non-registration authorities or individuals without authorization to accept land registration or unauthorized making, issuing land certificates, the certificate is not valid, and hold the parties accountable under the law.
42nd due to the application of land registration, false registration documents submitted by the parties in obtaining land titles, cancel its certificate of land by land management departments.
43rd party refuses to accept the specific administrative act to the land administrative departments may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
44th from land registration officer's fault, wrong, missing land registration, land Administrative Department shall promptly correct or supplement; economic losses caused to the right holder, it shall be compensated.
Article 45th in the process of land registration in the land register neglect, abuse, deception, shall give administrative sanctions constitute a crime, the attention of the judicial organs shall investigate the criminal liability.
Seventh chapter supplementary articles article 46th to specific problems in the application of these measures by the city's land administration Department is responsible for the interpretation.
47th article of the rules take effect on October 20, 2003.