■ ask for the ground to tear open change lawyer 4 have new standard: Have special skill or knowledge; Have an attitude; Have public praise; Have the milk of human kindness
■ authority of the dimension that tear open change has a way; Compensation of high specified number has clever court
The need in urban extend pulls down a lot of old buildings, but because time is ages ago, a lot of houses do not have house property card, but do not belong to building of violate the rules and regulations again, do not have house property card so tear open change door to cannot win the compensation that tear open change?
The building tears open change to compensate is the compensation that is aimed at building droit, according to relevant provision, not be person of building property right cannot get change compensates a paragraph tearing open, but not be indemonstrable without house property card the droit person that oneself are a building. The reason that does not have house property card has a lot of, different situation needs apart specification.
1, the old building that does not have house property card
(1) if be the old building in the country, because the farmer is in oneself the house is built on base curtilage, collective organization wants to be able to offer corresponding proof only when doing not have property right card so, proving this house is you, also can get when tearing open change change compensates a paragraph tearing open.
(2) and in the city, if the house does not have property right, can seek the person of the person that sells you the house or card of hold property right only so, both sides negotiates house property change the name of owner in a register to arrive your under one's name, with making good omissions oneself do not have building property right, otherwise will cannot take money of the compensation that tear open change.
2, building of violate the rules and regulations
Because building of violate the rules and regulations does not accord with the requirement of town planning, just cannot examine and approve through the government take house property testimony, law does not protect property right of this kind of building. When tearing open change accordingly, the party that tear open change cannot get change compensates a paragraph tearing open, but this does not mean party to cannot get any compensation, the person that tear open change can get accessorial cost is mixed removing find a place for allowance is expended temporarily. Be like a building by forced releasing when, the belongings inside the building is damaged, also can win corresponding compensation.
3, not the building of change the name of owner in a register
Want both sides to talk things over only reach consistent, the building of the change that be torn open also is OK of buying and selling, but if the bargainor is done not have,give the buying party building transfer ownership, so the property right person of the building still is a bargainor, the buyer when the building tears open change will cannot obtain expenses of the compensation that tear open change. Encounter this kind of situation, buyer is OK the contract requirement that according to both sides signs deals with formalities of building change the name of owner in a register together with the bargainor, perhaps advocate remove contract, at this moment the bargainor should make responsibility of breach of contract, pay compensation to buyer.
4, the building of controversy of property right existence
If building property right is not clear, return between party open to question, one party registered mechanism to put forward demur to register in the building, house property holder can mention affirm appeal to, request court affirms the authority of house property is belonged to. Although holder of house property card had obtained fund of the compensation that tear open change, also can ask to put still.
If cannot be maintained,build for violate the rules and regulations, do not have the word of card of building property right again, still can obtain proper compensatory, it is to consult commonly construction cost undertakes compensating, the likelihood is gotten lesser than lawful and effective house compensatory much
If ◆ feels this literary works is good, remember nodding assist, comment and transmit; To small make up add leg of drumstick, duck, goose leg.
