Residence right is an important usufructuary right newly added in the revision of Civil Code. The "Civil Code" is even expressed in a special chapter in the third part.
article 366 of the civil code defines "right of residence" as: the right holder of residence has the right to possess and use the usufructuary right of others' houses in accordance with the contract, so as to meet the needs of living and living.
It is estimated that half of the readers can't understand it. Let me give an example to explain:
Nanny (B) has served a family for many years. In order to show her preferential treatment, the elder (A) of this family left a will: it is stipulated that a house under the name of A will be inherited by his son (C) after the death of A and his spouse, but as long as B is alive, he will have the right to live.
If this "right of residence" is recorded in an official text and an application for registration of the right of residence is made to the "registration agency", then the right of residence is formally established.
According to the Civil Code, the right of residence can only be enjoyed by Party B, and the house cannot be rented, and the right of residence cannot be inherited or transferred. When the term of residence right expires or the owner of residence right dies, the residence right disappears.
during the effective period of the right of residence, the owner of the house (C in the above case) can't take back the house, and the right of residence of Party B is protected by law.
If Party C sells this house during this period, the property right can be transferred. Suppose Ding bought this house, but still can't drive B away, because the right of residence is still valid until B dies.
at this point, you should understand: when you buy a second-hand house, you must find out whether there is a "still valid right of residence" in it.
if there is, then even if you buy the house, you can't live or rent it yourself. It may even take decades to get this house back.
Therefore, the right of residence is a second-hand housing transaction, which has dug a "pit of the century"!
why is it stipulated in the civil code? In the final analysis, it is to diversify the rights that everyone has and the functions of the house.
As a result, there will be a separation of "ownership" and "residence right" in future houses.
However, the local government's "registration agency" (which should be the real estate registration department) must be very responsible and ensure that all legal "residence rights" are registered and can be easily found before the transaction. Otherwise, there will be a series of irreparable problems.
As a property buyer, we should also understand the existence and influence of the "right of residence" and find out before buying.
For the party establishing the "right of residence", the rights and obligations should also be clearly written through a formal agreement. In particular, who will pay for the expenses incurred during the period of residence and maintenance, otherwise "mines" will be laid.
the second pit: the house I bought has no degree!
In the "big cities with significant population growth", the degree is getting more and more tense, so various regulations are introduced to restrict the qualifications of certain houses to apply for degrees. You must make sure before you buy a second-hand house.
For example, Xicheng District, Beijing recently announced two major measures for degree rooms: one is to carve out multiple schools, and the other is to lock in degrees. These two big moves affect children's enrollment.
The so-called "multi-school scribing" is to tie two or three, three or four primary schools or junior high schools together and enjoy them in a larger scope. In this way, the original "one-on-one" relationship between housing and schools was broken.
If you want to buy a house, you must find out the degree policy of your city and region, otherwise the degree room may be bought for nothing.
What's worse is the "degree lock-in", which is quite common in Shenzhen and has started in Beijing at present. The specific approach is: each house can only produce one primary school degree every six years and one junior high school degree every three years. An exception can only be made when a family has multiple children who meet the family planning policy.
So, if you don't check the degree occupancy, you may not be able to apply for primary school or junior high school for several years if you buy the house rashly.
What's even more bizarre is that due to lax control, some houses' degree qualifications were stolen by forged lease contracts, only to be discovered when the owners used (or sold) the houses themselves!
Therefore, when buying a second-hand house, we must study whether there is a "degree lock" and whether the degree is occupied. Not only primary schools, but also junior high schools.
In addition, the nature of the house will also affect the degree application.
For example, as a general rule, you can't apply for a degree in an apartment. However, the situation of apartments is very complicated. Take Shenzhen as an example, there are four kinds of apartments-residential single apartment (restricted purchase), business apartment (restricted purchase), business apartment (restricted purchase) and industrial reform apartment (only enterprises can buy).
The first two types of apartments are eligible to apply for a degree in Shenzhen. However, residential single apartments, like residential apartments in some areas (such as Luohu), belong to the highest category; However, in Futian, it has recently been classified as a business apartment, and the points will be less, which will affect the application for prestigious schools.
as for commercial apartments and industrial apartments, there is no chance to apply for a degree, and the same is true in other cities.
In some cities, there are also restrictions on applying for degrees for small-sized houses. Therefore, we should also be careful when buying small-sized houses and super-small-sized houses.
the third pit: your house is "inferior"!
"easement" is not a new right. It has been stipulated in the Property Law before, and ordinary people generally don't encounter it, only when they buy single-family houses or land.
according to the civil code, the so-called easement means "using other people's real estate to improve the efficiency of their own real estate".
For example, you bought a piece of land with a "second-line sea view" by the sea, and there is a household separated from the sea. This resident has only built three floors, but you and he can both build up to eight floors. If you want to have a first-line sea view for a long time, discuss with this neighbor and let him keep the height of three floors for 3 or 5 years, while you build eight floors, you will give him some compensation.
this is the easement, his land is the servitude, and you are the servitude.
after this right is registered, it is also protected by the state. There are many other ways of easement. For example, if you want to use other people's land to protect your lighting rights, water rights, road rights, etc., you can buy "easement".
When buying a single-family house or land, you need to consider whether there is a hidden "easement". Otherwise, you may suffer a big loss.