alrubaie3 Hussain adel alrubaie J. Carey Eng 100 f November 25 2016 China and the Property Laws Citizens in China cannot have private ownership of land but can acquire rights that will allow them to use the land for a specified period of time (Harris 94). As per now, citizens can obtain land use rights in urban areas for a maximum of seventy years. Once this time runs out, the land is repossessed by the state or the contract is renewed. Despite the fact that individuals cannot privately own the land, they can own the buildings raised on the land in what is called home ownership. This is basically a situation in which an individual privately owns a building or a home but he does not have the title or ownership of the land that his building is resting on. In simple terms, according to the property laws of China an individual cannot own land, it belongs to the state. 1. The Legal Framework The Constitution With respect to the constitution of China, private property is protected by the law. With respect to Article 13 of the constitution, the private property owned by citizens is protected. It is the right of the state to make sure that such property is protected. The constitution acknowledges that there are individuals who legally own private property and it is necessary for this property to be protected. China makes use of a constitution that was adopted in 1982, and since then, it has undergone four major amendments; 1988, 1993, 1999, and 2004. Out of all the four amendments, it was the 2004 one that recognized private property and declared it as constitutional. This basically implies that before 2004, the constitution of China did not recognize the private land, all land was considered to be owned by the state. This amendment brought a sigh of relief to private land-owners because their property was legally recognized by the law and the constitution went ahead to provide legal protection for such property. Citizens were given the right to lawfully own land (Peter 153). The Property Rights Law The Property Rights Law was enacted in 2007 after legislative debates that spanned for more than one decade. The law was made effective from October 1 of the same year and basically contained details of property rights protection, this protection covered movable property as well as real estate. This law primarily focused on the establishment and transfers as well as other details that are related to property ownership rights. Similarly, the law addressed issues to do with the registration as well as delivery of property rights involving movable and real estate property. Real Property in Urban Areas These laws are concerned with real property in urban areas with respect to the rights that are related to land-use as well as ownership. Property in urban areas is very valuable and this creates a lot of demand for it. Without proper regulation, it would be difficult to manage such property. 2. Ownership of Land and Houses Rights to use land With respe ...

1. alrubaie3
Hussain adel alrubaie
J. Carey
Eng 100 f
November 25 2016
China and the Property Laws
Citizens in China cannot have private ownership of land
but can acquire rights that will allow them to use the land for a
specified period of time (Harris 94). As per now, citizens can
obtain land use rights in urban areas for a maximum of seventy
years. Once this time runs out, the land is repossessed by the
state or the contract is renewed. Despite the fact that
individuals cannot privately own the land, they can own the
buildings raised on the land in what is called home ownership.
This is basically a situation in which an individual privately
owns a building or a home but he does not have the title or
ownership of the land that his building is resting on. In simple
terms, according to the property laws of China an individual
cannot own land, it belongs to the state.
1. The Legal Framework
The Constitution
With respect to the constitution of China, private property
is protected by the law. With respect to Article 13 of the
constitution, the private property owned by citizens is
protected. It is the right of the state to make sure that such
property is protected. The constitution acknowledges that there
are individuals who legally own private property and it is
necessary for this property to be protected.
China makes use of a constitution that was adopted in
1982, and since then, it has undergone four major amendments;
1988, 1993, 1999, and 2004. Out of all the four amendments, it
was the 2004 one that recognized private property and declared
it as constitutional. This basically implies that before 2004, the

2. constitution of China did not recognize the private land, all land
was considered to be owned by the state. This amendment
brought a sigh of relief to private land-owners because their
property was legally recognized by the law and the constitution
went ahead to provide legal protection for such property.
Citizens were given the right to lawfully own land (Peter 153).
The Property Rights Law
The Property Rights Law was enacted in 2007 after
legislative debates that spanned for more than one decade. The
law was made effective from October 1 of the same year and
basically contained details of property rights protection, this
protection covered movable property as well as real estate. This
law primarily focused on the establishment and transfers as well
as other details that are related to property ownership rights.
Similarly, the law addressed issues to do with the registration as
well as delivery of property rights involving movable and real
estate property.
Real Property in Urban Areas
These laws are concerned with real property in urban areas
with respect to the rights that are related to land-use as well as
ownership. Property in urban areas is very valuable and this
creates a lot of demand for it. Without proper regulation, it
would be difficult to manage such property.
2. Ownership of Land and Houses
Rights to use land
With respect to the constitution of China, land, and other
natural resources cannot be privately owned by individuals.
Especially in the urban areas, the constitution states that land
has to be owned by the state, while in rural areas, the ownership
of land can be entitled to the state of local collectives. Despite
this, the constitution allows the people to use the land after
obtaining permission from the state. The land-use rights state
that individual can use and benefit from a given piece of land
for a specific period of time (Albert 320).
Terms With Respect to Land Use Rights

3. With respect to the prevailing rules as defined by the State
Council, the maximum term for which land can be utilized for
residential purposes is seventy years. In case the land is
acquired for industrial purposes, it can be used for a maximum
of fifty years. Other purposes for which land can be used for a
maximum of fifty years include science, education, culture,
physical education, and public health. For the interest of
recreational purposes and commercial tourism, land can be
acquired for forty years.
Private Home Ownership
Individuals can have the title of ownership of real estate.
This implies that they can own apartments and residential
houses such as buildings and other structures on the land.
However, they cannot own the land on which the building is
constructed. With respect to Article 64 of Property Rights Law,
individuals can enjoy the ownership of movable and immovable
properties as well as the income that they earn from them.
3. Sale of Private Property
According to the Assignment Regulations, individuals have the
right to transfer their right to use land through various ways
such as selling, exchanging, or giving it out as a gift. With
respect to the Urban Real Estate Law, real estate can be leased,
mortgaged, or transferred. When there is a transfer of real
estate, ownership as well as the rights to use it are transferred.
Should there be any restrictions on the property, the law defines
the necessary steps that can be taken to handle the issue. For
instance, if the property is priced below the market price, then
the state has the right to purchase the ownership rights of such a
property. With respect to the Urban Real Estate Law, the
transfer of property that is under the following conditions is
prohibited:
· The land-use rights were obtained through improper means
· The real estate rights are frozen or restricted by the authorities
· The state has claimed the land-use rights
· Property ownership is under dispute
· Improper registration and certification of ownership of the

4. property
It is important to note that when real estate is transferred, the
duration for which the new owner is basically the remainder of
the time after the subtraction of time used by the original owner
from the original time for which the proper was to be used
(Peter 57).
4. The Official Registry
According to the Property Rights Law, the registration
authorities are responsible for performing the registration of
real property; this registration should take place where the
property is physically situated. With respect to the Urban Real
Estate Law, it is required for land-use rights to be registered
with the local authorities. In the case of home ownership,
registration needs to be done with the housing authorities of the
local government. The law requires that all real property must
have proper registration and certification.
In case there is a transfer of real property, it is necessary that
the change in ownership is registered with relevant authorities
that are concerned with housing issues. When there is a
modification of a home ownership certificate, it is also required
by the law that the modification of the rights to use the land is
registered with the land authorities. Following successful
modification, the land authorities can either issue a modified or
new certificate of the rights to use the land.
Conclusion
In China, land, as well as other natural resources, are
owned by the state. Should an individual need to use such
property, he needs to obtain the necessary rights from the
relevant authorities that will give him the permission to use the
land. Real property is also highly regarded and there various
laws that govern how such property might be used or transferred
from one user to another (Gebhard & Julius 103).

5. Works Cited
Albert, H. The Law of Property and the Evolving System of
Property Rights in China. London: Routledge, 2011. Print.
Gebhard, M. & Julius, H. The New Chinese Property Rights
Law. Columbia Journal of Asian Law, 22(2): 192. 2009. Print.
Harris, D. China’s New Property Law. Seattle: Harris & Moure,
2007. Print.
Peter, C. Property Rights on Imperial China’s Frontiers. UK:
Cavendish Publishing, 2004. Print.
Peter, H. Developmental Dilemmas: Land Reform and
Institutional Change in China. London: Routledge, 2005. Print.