Vanderbilt Journal of Transnational Law

First Page



This Article surveys the changes in real estate laws that have occurred in China since 1980. It provides a comprehensive and specific overview of the foreign investment process, which should prove particularly useful to United States investors. The Article first provides general background on the evolution of Chinese real estate law, focusing on the granting and subsequent alienation of land use rights, as well as the recent development in the area of large parcels of land. The Article then examines the current state of real estate law in Guangdong Province, specifically in Shenzhen, and explains details such as transfer and leasing of land use rights, land use fees, and regulations on mortgages within special economic zones. The author returns to a more general discussion of foreign investment in Chinese real estate and the corresponding vehicles by which this investment takes place. He concludes that China has taken a logical and meaningful approach to enhancing real property rights and promoting foreign investment, albeit an approach the ultimate success of which is presently unclear.