Ministry of Land and Resources, Land Registration Measures
国土资源部土地登记办法
May 08, 2008 | BY
clpstaff &clp articles &Land registration measures to protect land rights holders.
Promulgated: December 30 2007
Effective: February 1 2008
Applicability: For the purposes of these Measures, the term “land registration” means the act of recording in the land register for public review state-owned leaseholds, collective land ownership, collective leaseholds, land mortgages, easements and other land rights which, in accordance with laws and regulations, need to be registered, and announcing the same.
The state-owned leaseholds mentioned in the preceding paragraph include state-owned construction leaseholds and state-owned agricultural leaseholds. The collective leaseholds mentioned in the preceding paragraph include collective construction leaseholds, homestead leaseholds and collective agricultural leaseholds (but exclude rights to operate land that has been contracted out) (Article 2).
Main Contents: The Measures stipulate that land registration shall be carried out jointly by the concerned parties, except in the following circumstances where a single party may make an application:
(1) general land registration;
(2) initial registration of state-owned leaseholds, collective land ownership and collective leaseholds;
(3) registration of land rights obtained through succession or bequeathal;
(4) registration of land rights obtained through a legally effective land title dispute handling decision rendered by a people's government;
(5) registration of land rights obtained through a legally effective legal document issued by a people's court or arbitration institution;
(6) correction of registration or registration of an objection;
(7) registration of a change of name, address or purpose; or
(8) reissue or replacement of a land rights certificate.
The Measures also allow a materially interested party to apply for registration of his/her/its objection if the rights holder recorded in the land register does not consent to the materially interested party's application for a correction to the land registration. During the term of the registration of the objection, a registration of the change in the land rights may not be carried out or a mortgage created over the land without the consent of the rights holder of the registered objection (Article 60).
Related Legislation: PRC Property Law, Mar 16 2007, CLP 2007 No.4 p.31; PRC Land Administration Law (Revised), Aug 29 1998, CLP 1998 No.9 p.27; PRC Administration of Urban Real Property Law, Jul 5 1994, CLP 1994 No.8 p.23; and Implementing Regulations for the PRC Land Administration Law (Revised), Dec 27 1998, CLP 1999 No.1 p.9
clp reference:4100/07.12.30prc reference:国土资源部令第40号promulgated:2007-12-30effective:2008-02-01This premium content is reserved for
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