1. What are the legal requirements for real estate registration?
The Law on Real Estate to be Registered stipulates the Civil Law, that is, Article 209 of the Civil Law.
The establishment, alteration, transfer and extinction of the real right of immovable property shall take effect after being registered according to law; Without registration, it will not take effect, except as otherwise provided by law. Natural resources owned by the state according to law may not be registered.
Article 2 10 of the Civil Code
The registration of real estate shall be handled by the registration agency where the real estate is located. The state implements a unified registration system for real estate. The scope, organization and method of unified registration shall be stipulated by laws and administrative regulations.
When applying for registration, the parties concerned shall provide ownership certificate, property boundary, area and other necessary materials according to different registered items. If the relevant information of the real estate applied for registration needs further proof, the registration agency may require the applicant to supplement the materials, and may inspect it on the spot if necessary. The establishment, alteration, transfer and extinction of the real right of real estate that should be registered according to law shall take effect when it is recorded in the real estate register.
Second, what does real estate include?
Real estate refers to land and fixed objects on land. Including all kinds of buildings, such as houses, bridges, TV towers, underground drainage facilities, etc. All kinds of plants growing on the land, such as trees, crops, flowers, etc. It should be noted that the fruits of plants are fixed on the ground before picking and harvesting and the trees are cut down, which belongs to real estate. Once they are picked, harvested and cut down, they belong to movable property. (Movable property refers to property other than real estate. Such as machinery and equipment, vehicles, animals, various daily necessities and so on.
The characteristic of real estate is that it cannot be separated or moved from the land. Once it is separated or moved from the land, it will change its nature or greatly reduce its value. For example, once a building moves or leaves the land, it is not a building, and its value will be greatly reduced. Chattel, on the other hand, can move at will, and its value is not affected.
The legal basis of real estate registration is the Civil Code. When changing or establishing real estate property rights, it must be registered according to law. In China, real estate registration has a special registration authority and a unified registration system. Land and attachments on land are real estate, including houses, bridges, underground drainage facilities, TV towers, etc.