When receiving the transfer of land use rights (only land), ownership of assets attached to land (land, housing and other assets if any) under the planning but the transferee does not know, the transferee has the right to return the land and request the transferor to return the money if it falls under one of the following 2 cases:
Case 1: Contract with regulations
Normally, when signing a transfer contract, the transferor guarantees that the land is not under the planning, eligible for transfer according to regulations, documents on legal real estate, un mortgaged real estate, etc.
In case the transferor has a commitment or commitment that the land is not in the planning area but the transferee later discovers that the land is in the planning area before the effective date of the contract (the time the commitment or commitment takes effect), the transferor has the right to request the transferor to return the money. At the same time, the land can be returned to the transferor.
If the contract has provisions but the transferor does not comply with the contract, there is a right to file a lawsuit at the People's Court.
Case 2: The contract is not regulated but the transferor agrees to receive the land use rights and return the money to the transferee (also not in reality).
When not in one of the above 2 cases, the transferee must "accept"; in this case, people need to clearly understand the rights of people with land under the planning.
When buying land under the planning without knowing it, the land can only be returned under the condition that the contract stipulates this content or there is no regulation but the transferor agrees.
In case the transferee cannot return to each other what they have received, they need to clearly understand the rights when the land is under planning to protect their legitimate rights and interests, even when it is under planning, the market price and other benefits will be greatly reduced.
