Legal Advice Land 20, Land Matters Lawyer Consultation?

Summary. Legal basis: "Law on Mediation and Arbitration of Disputes over Rural Land Contracting and Operation" Article 2 This Law shall apply to mediation and arbitration of disputes over rural land contracting and operation.

Disputes over rural land contracting include: (1) disputes arising from the conclusion, performance, modification, dissolution or termination of rural land contracts; (2) Disputes arising from the subcontracting, leasing, swapping, transfer, or shareholding of rural land contracting and management rights; (3) Disputes arising from the resumption or adjustment of contracted land; (4) Disputes arising from the confirmation of rural land contracting and management rights; (5) Disputes arising from infringement of rural land contracting and management rights; (6) Other disputes over rural land contracting and operation as provided for by laws and regulations. Disputes arising from the expropriation of collectively-owned land and its compensation are not within the scope of acceptance by the Rural Land Contract Arbitration Commission, and may be resolved through administrative reconsideration or litigation.

Article 4: Where the parties fail to settle or mediate or are unwilling to reconcile or mediate, they may apply to the Rural Land Contract Arbitration Commission for arbitration, or may directly file a lawsuit with the people's court.

I bought a yard in a village on the edge of the city, and now the village doesn't allow me to build a house, and I say I'm not from their village, so what should I do?

Legal Basis: "Law on Mediation and Arbitration of Disputes over Rural Land Contracting and Operation" Article 2 This Law shall apply to the mediation and arbitration of disputes over rural land contracting and operation. Disputes over rural land contracting include:

1) Disputes arising from the conclusion, performance, modification, dissolution and termination of rural land contracts; (2) Disputes arising from the subcontracting, leasing, swapping, transfer, or shareholding of rural land contracting and management rights; (3) Disputes arising from the resumption or adjustment of contracted land; (4) Disputes arising from the confirmation of the right to contract and operate land in rural areas; (5) Disputes arising from infringement of rural land contracting and management rights; (6) Other disputes over rural land contracting and operation as provided for by laws and regulations. Disputes arising from the expropriation of collectively-owned land and its compensation are not within the scope of acceptance by the Rural Land Contract Arbitration Commission, and may be resolved through administrative reconsideration or litigation. Article 4: Where the parties fail to settle or mediate or are unwilling to do so, they may apply to the Rural Land Contract Arbitration Commission for arbitration, or they may file a lawsuit directly with the people's court.

Say you're not a villager who refuses to apply for a homestead for you.

There is a homestead certificate but not in my name.

I bought a yard in the village on the edge of the city, and now the village does not allow me to build a house, saying that it is not from their village, and this situation should be like the local village committee to apply for a homestead.

Why is the home you bought not in your name?

You can ask your buyer to transfer ownership.

I just wanted to ask if this could be transferred, and they said that they couldn't build a house without their village.

The right to use the homestead can be transferred.

It's okay if you don't have to be from this village?

If you don't belong to the village, you can't transfer the homestead, and you don't belong to the collective organization.

But now the house next door is not from this village, and everyone else has bought the house there, and now it's surrounded by cities.

They can't build their own houses when they buy them.

Once you settle down, you can apply for a homestead.

Lawyer's analysis: Land disputes are one of the common problems in urban and rural areas, and they are also areas that often cause conflicts and disputes. Land dispute lawyer consultation can effectively solve these problems and provide professional legal services and support for the parties.

At the same time, the service is not only convenient and fast, but also has more flexibility in time and location, which is ideal for people who need to solve problems in a timely manner.

Land disputes are a wide-ranging, complex and diverse issue that requires professional knowledge and skills. At the same time, in the process of dealing with land disputes, it is also necessary to comply with relevant legal provisions and procedures to ensure that their own interests are not lost.

Extended content: Ask a land dispute lawyer**What issues need to be paid attention to in consultation? A: First of all, choose a formal and qualified ** lawyer service platform for consultation; Secondly, during the consultation, it is necessary to provide the lawyer with a detailed and accurate description of the situation, so that the lawyer can fully understand the problem and situation; Finally, it is necessary to carefully read the legal advice and solutions provided by the lawyer, analyze rationally and choose the appropriate solution.

Legal basis]:

Article 24 of the Land Management Law of the People's Republic of China The transfer of land use rights shall be carried out in accordance with the principles of openness, fairness and justice. The transfer of land use rights shall be mainly in the form of signing a land transfer contract and going through registration formalities. The contract for land transfer shall include the use, area, location, price, conditions of the transfer, and the agreed performance period.

Land disputes refer to disputes between parties over land ownership and use rights and other issues related to the ownership of land.

Specifically, it means that two or more units or individuals claim ownership of the same piece of land that has not been confirmed at the same time, and it is difficult to resolve the contradiction of land ownership according to the reasons of all parties.

It has the following characteristics:

The diversity of subjects, disputes over land ownership generally occur between the state and the collective, between the collective and the collective; Disputes over the right of use arise between the State and the collective, and between the collective and the collective. It also occurs at the state or between the collective and the individual and the individual.

The specificity of the object is generally expressed in the question of who owns and exercises the right to use the land.

Most of the controversies are characterized by complexity, age, difficulty in verification, and strong policy.

There is a specific procedure for land ownership disputes.

The main causes of land disputes are:

Unclear boundaries of ownership between adjacent units or individuals;

The physical area is inconsistent with the approved area;

incomplete land use procedures;

Failure to implement measures such as compensation and resettlement;

changes in the national policy system;

Land lease, borrowing, repeated expropriation, allocation, etc., causing disorder of land ownership;

Changes in the original condition of the land and changes in the boundaries of the land caused by the construction of farmland infrastructure without original records, as well as other problems left over from historical reasons.

Legal basis: Article 37 of the Rural Land Contracting Law provides that the parties shall sign a written contract for the transfer of land contracting and management rights. However, in reality, it is rare to sign a written contract for the circulation of contracted land, and most of the parties subcontract, lease, exchange or cultivate the land in the form of oral agreement.

In such a case, a party's request to recover the land that has been subcontracted, leased, exchanged or cultivated on behalf of the party involves the question of how to determine the oral agreement.