Legally speaking, the old house was demolished. Because of the state-owned nature of the land, there would be no personal property, and there would be no basis for inheritance. However, China's laws protect all citizens' property, including every tree, brick and tile. Therefore, even if the house is demolished, citizens actually have the right to use the homestead. The right to use the homestead can also be inherited from the perspective of inheritance law. Because the inheritance law recognizes that citizens' houses and trees belong to citizens' legitimate property.

Article 3 of the Inheritance Law stipulates that an inheritance is the personal legal property left by a citizen when he dies, including:

1. Citizen income;

2. Citizens' houses, savings and daily necessities;

3. Citizens' trees, livestock and poultry;

4. Citizens' cultural relics and books;

5. The law allows citizens to own the means of production;

6. Copyright and patent rights in citizens' property rights;

7. Other lawful property of citizens.