Granted land use rights (出让土地使用权) | Practical Law

Granted land use rights (出让土地使用权) | Practical Law

Granted land use rights (出让土地使用权)

Granted land use rights (出让土地使用权)

Practical Law UK Glossary 7-522-1955 (Approx. 2 pages)

Glossary

Granted land use rights (出让土地使用权)

Land use rights granted by the state for specified purposes (such as industrial, commercial and residential uses) by:
  • Negotiated agreement (this is becoming much less common).
  • Tender.
  • Auction.
These rights are granted both:
  • Under a land grant contract for a fixed period.
  • Against the payment of usually a substantial land grant premium.
The primary feature of this type of land use rights is that the land user may lawfully assign, lease or mortgage them to a third party for the remainder of the term of the grant. The law provides that the government may recover the granted land use rights before the term's expiry if the land is required in the public interest, or for reconstruction of old urban district. However, appropriate compensation shall be paid.