How to judge the legality of homestead transfer
Lawyer's analysis:
To ensure that Homestead Cannot be illegally traded or transferred, right to the use of curtilage However, it can be legally transferred through specific procedures. First, according to relevant laws statute The holder of the right to use the homestead enjoys the right to occupy and use the collectively owned land according to law, and also has the right to use the land according to law to build their own residence and ancillary facilities. Secondly, the rights of homestead use right holders include: On the premise of complying with the statutory application and review procedures, after obtaining the right to use the homestead, the owner has the right to build houses and ancillary buildings on this land; After the holders of the right to use homestead have obtained the consent of the collective unit, they can sell the built houses to farmers who meet the qualification conditions for obtaining the right to use homestead among the members of the collective unit. At the same time, the real estate transaction also includes the transfer of homestead use right. Because the right to use the house has inherit Therefore, in fact, the right to use homestead is also inheritable. If the homestead use right has completed the registration procedures, it can be legally and timely transferred, and needs to go through more detailed and complete change registration. Finally, as the holder of the right to use homestead, your responsibility is to use the land according to the specified purpose.
Legal basis:
Article 362 of the Civil Code
The holder of the right to use house sites has the right to occupy and use the collectively owned land according to law, and has the right to use the land to build houses and ancillary facilities according to law.
Article 363 of the Civil Code
The acquisition, exercise and transfer of the right to use house sites shall be governed by the laws on land administration and the relevant provisions of the State.
Article 365 of the Civil Code
Where the registered right to the use of house sites is transferred or extinguished, the change or cancellation of registration shall be handled in a timely manner.
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