Nowadays, many people have borrowed money, and when they borrow money, they will have some collateral more or less. Just like if we borrow money from a bank, we will use a house or a car to mortgage the loan, which is convenient for the lender to guarantee the legitimate interests of the borrower when it cannot repay the money in time. So can the land use right, which belongs to the nature of real estate license, be mortgaged? Next, Xiaobian will tell you in detail whether the land use right can be mortgaged.

The following state-owned land use rights can be mortgaged:

(1) The state-owned land use rights obtained by transfer are mortgaged separately;

(2) When the state-owned land use right obtained by transfer is mortgaged, the state-owned land use right corresponding to the house and other buildings is mortgaged at the same time;

(3) The state-owned land use right obtained by allocation is mortgaged at the same time as the houses and other buildings on the ground.

The following state-owned land use rights shall not be mortgaged:

(1) The state-owned land use rights obtained by allocation shall not be mortgaged separately;

(2) educational facilities, medical and health facilities and other public welfare facilities of public institutions and social organizations such as schools, kindergartens and hospitals;

(3) The ownership and use right are unclear or controversial;

(4) being sealed up by the court according to law.

Generally, the ownership of state land cannot be transferred

Article 58 Under any of the following circumstances, the land administrative department of the relevant people's government may recover the right to use state-owned land after reporting to the people's government that originally approved the use of land or the people's government with the approval authority:

(1) Land needs to be used for public interests;

(2) the land use needs to be adjusted for the reconstruction of the old urban areas in order to implement urban planning;

(3) The land user fails to apply for renewal or the application for renewal is not approved when the term of use stipulated in the paid use contract such as land transfer expires;

(4) Stop using the originally allocated state-owned land due to the cancellation or relocation of the unit;

(5) highways, railways, airports, mines, etc. that have been approved for scrapping.

if the right to use state-owned land is recovered in accordance with items (1) and (2) of the preceding paragraph, appropriate compensation shall be given to the land user.

xiaobian's summary: xiaobian simply introduces the knowledge about whether the land use right can be mortgaged, hoping to help everyone. If you need to know more exciting content, please continue to pay attention to Qijia. com.