What is the standard for the use of the house registered in the Certificate of Title that does not correspond to the actual use?
In the process of expropriation, the expropriation department needs to investigate the situation of the house, how to investigate? The main thing is field investigation and property rights investigation. If, in the course of the investigation, it is found that the purpose of registration of the expropriated person's house ownership certificate is different from the actual use, in accordance with which to determine the compensation standard? Mr. Shen analyzed it to friends today through a case!
Mr. Qiu's house is a residential building, but because of the good geographical location - located at the entrance of the community, Mr. Qiu wanted to try to run a vegetable supermarket, and he really made a lot of money within a month of soft opening, so Mr. Qiu began to run the store full-time and obtained a business license. In the process of demolition, the expropriation department compensated according to the purpose of property rights registration, but this was not conducive to Mr. Qiu's interests, so Mr. Qiu filed a lawsuit with the people's court, demanding compensation for himself according to the standards of commercial housing.
After trial, the people's court held that in this case, there was a situation where the property rights registration was inconsistent with the actual use, and the expropriation department could give appropriate compensation according to the actual situation such as its business situation, business life, and tax payment. However, the expropriation department cannot completely disregard the facts of its operation and rigidly compensate according to the property rights registration, which is not conducive to protecting the legitimate rights and interests of the expropriated person. Of course, the expropriation department should give appropriate compensation, and it is not necessary to comprehensively compensate according to the commercial housing, because objectively the house belongs to the residential housing, and the expropriated person uses the residential housing as a business, and there is also a certain fault. From the gist of the above judgment, it can be seen that the actual operating conditions should be considered for the housing reform, but the compensation cannot be made according to the commercial use of the housing.
The above is a brief introduction to the problem that the use of the house registered in the house title certificate does not match the actual use, and what is the standard, I hope to help friends in need! If you encounter relevant problems such as in the case, you can take up legal weapons to protect your legitimate rights and interests!