Which lands are not allowed to be registered and issued certificates for land ownership

The registration procedures for the transfer of state-owned land use rights are divided into five stages: application, cadastral investigation, examination, registration and issuance of certificates. At the application stage, the applicant should apply for registration with the land registration authority with the relevant certificates and documents. In the cadastral survey stage, the cadastral investigator receives the relevant registration application documents handed over by the land registration officer, conducts a cadastral survey on the parcel to be registered, and after the survey is completed, the cadastral survey data is handed over to the land registration officer together with the application information, and the land registration officer conducts ownership review.

In the ownership review stage, the land registration personnel will review the applicant's qualifications, land ownership documents, land use years and other aspects in accordance with relevant laws and regulations. In the registration stage, after verification and compliance with the regulations, the land registration personnel shall fill in the "Land Registration Card" and fill in the "Land Ownership Card" according to the "Land Registration Card". At the stage of issuing the certificate, the land registration officer fills in the "State-owned Land Use Certificate" according to the "Land Registration Card" and issues it to the land user on behalf of **.

The procedures for the registration of the transfer of land use rights are basically the same as those for the registration of the transfer of land use rights, and are also divided into five stages: application, cadastral survey, examination, registration and issuance of certificates. If the entire parcel of land is transferred, it shall be registered on the original "Land Registration Card"; In the case of division and transfer, a new "Land Registration Card" shall be created separately and carried out on the newly created "Land Registration Card". For the registration of the transfer of land use rights, the land administrative departments should recover the original "State-owned land use certificate", and fill out the new "land use certificate" according to the "land registration card", issued to the land user on behalf of the **.

The procedures for the registration of land use rights mortgage and the registration procedures for the assignment and transfer of land use rights are basically the same, but the only difference is that the materials submitted by the applicant and the content of the review and the certificate issued by the land administrative departments are different. Land administrative departments according to the content of the audit in the mortgage parcel of the original "land registration card" to set up the mortgage and record the relevant content of the mortgage, and according to the "land registration card" in the "State-owned land use certificate" on the record of land use right mortgage content, fill out the "certificate of other rights to land", issued to the mortgagee.

The land rights of each parcel of land need to go through land registration procedures such as land registration application, cadastral survey, verification of ownership, registration, and issuance of land certificate before it can be finally confirmed and determined. The narrow meaning of confirmation of rights refers to the confirmation of the nature of land ownership and ownership in the ownership review stage of the land registration process. According to the relevant provisions on the confirmation and determination of land ownership, land use rights and other rights in China and the requirements of current land management practice, the confirmation of rights is also one of the important responsibilities of the people at all levels, including formulating and improving laws and regulations and policies on determining land ownership, handling land ownership disputes, and handling the registration of land ownership and the issuance of certificates.

The principles for determining land ownership include the principle of law, the principle of giving full consideration to the historical background, and the principle of one-way flow of land ownership.

Land right confirmation refers to the confirmation and determination of land ownership, land use rights and other rights, referred to as right confirmation. It is to determine the ownership of land (or a parcel of land) within a certain scope and the subordination of the right to use and the content of other rights in accordance with the provisions of laws and policies.

First, it mainly solves the problems of inaccurate area of contracted plots, unclear spatial location, and imperfect registers, so as to provide an important basis for carrying out the circulation of land management rights, mediating land disputes, and improving subsidy policies;

The second is to establish a registration system for land contract management rights, confirm the rights of rural households to occupy, use, and benefit from the contracted land, and strengthen the protection of property rights;

The third is to establish and improve the information application platform for land contracting and management rights, so as to realize the informatization of the management of land contracting contracts, registers and ownership certificates, so as to facilitate the masses to inquire.

When confirming the registered population, the existing family population shall prevail, and if the peasant married woman has already obtained the contracted land in the mother's house, but has not obtained it in the mother-in-law's house, the registration shall be confirmed in the mother's house; If a peasant married woman obtains the contracted land in her mother's family and her mother-in-law's family, she can choose one party to register and may not register repeatedly. If the peasant bride has acquired the contracted land before the marriage, and the mother's family has died at this time, the contracted land shall be confirmed to the peasant bride and registered in the name of the peasant bride.

According to the Rural Land Contracting Law of the People's Republic of China and relevant laws and regulations, in the second round of contracting, the co-owners of the same contracted household may contract and operate the contracting relationship within the contracted household, and persons who are not in the same household cannot inherit the relationship between father and son.

Those who have made "minor adjustments" in the village may follow the principles of respecting history, taking care of reality, and approval of the villagers, and after improving the contract and going through the corresponding formalities, their existing contracting relationship may be recognized. The expiration date of the contract shall be executed in accordance with the expiration date of the second round of land contracting carried out locally.

What are the problems in land rights confirmation? How to fix it? The circumstances of not issuing a certificate in the work of land right confirmation and registration shall not be issued in any of the following circumstances:

1. The contracted land of the contractor is completely expropriated, requisitioned or occupied, resulting in the loss of all the contracting and management rights of rural land;

2. The contracted land of the contractor has been completely returned to forest and the forest right certificate has been issued;

3. During the contract period, the contractor submits a written application and voluntarily gives up all or part of the contracted land;

4. The death of the five-insured household within the contract period;

5. Other land contracting and management rights that should be recovered in accordance with law. There are problems and solutions to land rights confirmation.

1. Properly deal with problems such as mobile land, economic land, and wasteland. Those that have been included in the management of the contracted land shall continue to be managed as the contracted land; If it is not included in the management of the Chengnaxin Dou land, the right confirmation registration shall not be carried out, but it shall be registered according to the actual area.

2. During the period of rural land contracting, if the farmer households change the use of agricultural land by themselves or by transferring it to others to build houses or dig ponds on the contracted land, they shall still confirm and register their rights according to the original area of the contracted land, and subtract the occupied area from the actual area and make a note.

3. The co-owner of the contractor's land contracting and management right shall be based on the actual contracted population of the family at the time of the "second round" land contract extension, and individual family members who have died or moved out of the household registration (such as married daughters, moved to live in urban areas, college students, active military personnel, etc.) should be clearly marked in the remarks column. After the "second round" of land contracts are extended, if the new family members should enjoy the right to contract and manage the land in accordance with the law, they shall be registered as co-owners and marked in the remarks column. Fill in the column of "relationship with the head of household" in accordance with national norms, such as the person, spouse, children, parents, grandparents, grandchildren, brothers, sisters, others, etc.

4. If the contracted land is exchanged between peasant households, there shall be no dispute over the land after the exchange, and the right shall be confirmed and registered according to the contractor of the current land. If there is a dispute, the dispute shall be resolved first and then registered. For land transferred by means of subcontracting, leasing, shareholding, mortgage, etc., the rural households transferred out of the original contract shall be registered, and the transferee shall not be issued with a land contracting and operation certificate, and the circulation relationship shall continue to fulfill the provisions of the circulation contract.

5. In the event of the death of the head of the household of the household contractor, the wishes of the contracted farmer shall be respected and handled as the co-owner of the original family in this land consumption registration.

6. If all the family members of the contracted farmer household are deceased, the contracted land shall only be registered without confirming the rights, and the original responsible supporter shall continue to cultivate, manage and make profits for the time being.

7. After the second round of land contract extension, individual villager groups have carried out land adjustments, which should be properly resolved in accordance with the law in accordance with the principle of "maintaining stability, respecting history, and facing up to reality".

According to the relevant laws and regulations, all farmland that is managed by peasant households in the form of contract must be registered and issued with a certificate of ownership. For cultivated land contracted by means of bidding, auction of friends, public consultation, etc., upon the application of the parties, in accordance with the "Measures for the Administration of Rural Land Contracting and Operation Certificates" and other relevant provisions, the right shall be confirmed, registered and issued. Land such as collective construction land of village groups, homestead land of rural households, collective mobile land, forest land and grassland is not included in the scope of this registration and issuance of certificates.

According to the first paragraph of Article 17 of the Rural Land Contract Law and Article 60 of the Spring Warning Model, as well as Articles 62 and 74 of the Land Management Law, if a farmer or a transfer land operator has been approved in accordance with the law to convert the contracted land into construction land, the party concerned shall apply for the cancellation of the registration of the land contracting and management right in accordance with the law, and the area that has been converted into construction land shall be deducted from the area of the farmer's contracted land; Without approval, illegally occupy self-reserved land, economic park land, contracted land and other collective cultivated land, privately expand the area of homestead construction, or convert cultivated land into non-agricultural construction land, should be found out of the illegal occupation of cultivated land, handed over to the State Department of land resources administrative departments for disposal in accordance with law. If the administrative department of land and resources corrects it in accordance with the law and requests that it be restored to cultivated land, it shall be registered and issued in accordance with the original rural land contract relationship.

1. The contracted land of the contractor is completely expropriated, requisitioned or occupied, resulting in the loss of all the contracting and management rights of rural land;

2. The contracted land of the contractor has been completely returned to forest and the forest right certificate has been issued;

3. During the contract period, the contractor submits a written application and voluntarily gives up all or part of the contracted land;

4. The death of the five-insured household during the contract period;

5. Other land contracting and management rights that should be recovered in accordance with law.

If there is any of the above circumstances in the land ownership confirmation and registration work, the certificate shall not be issued.

In our real life, when the rural land is transferred, the first thing that needs to be clarified is the nature of the land, whether it is necessary to sign a written agreement, and the content of the assistance is also very standardized and complete, otherwise it is easy to lead to no legal effect.

1. Can the management right of land contracting be transferred?

Article 32 of the Rural Land Contract Law of the People's Republic of China: Land contracting and management rights obtained through household contracting may be transferred by subcontracting, leasing, swapping, transferring, or other means in accordance with law.

Together with the inheritance of forest land contract management rights stipulated in Article 31, Paragraph 2 of the Rural Land Contract Law, there are currently seven main ways to transfer the contract management rights of rural collective land in China: subcontracting, leasing, swapping, transfer, mortgage, shareholding and inheritance.

1. Subcontracting: Subcontracting refers to the transfer of all or part of the land contracted by the land contracted by the owner of the land contract management period to other farmers within the collective economic organization for cultivation and operation within a certain period of time.

2. Leasing: Leasing refers to the act of leasing all or part of the land contracted by the land contractor as the lessor during the contract period to others for agricultural production and operation within a certain period of time, and collecting rent.

3. Swap: Swap refers to the exchange of land contracting and management rights belonging to the same collective economic organization between contractors for the convenience of cultivation or their respective needs. On the surface, the exchange is the exchange of land plots, but in nature, it is the exchange of rights and obligations caused by the exchange of contracted land.

4. Transfer: Transfer refers to the transfer of part or all of the land contracting and management rights to other farmers engaged in agricultural production and operation after the contractor has a stable non-agricultural occupation or a stable income** upon the application of the contractor and the consent of the contract issuer.

5. Mortgage repentance: The issue of mortgage of land contracting and management rights was a hotly debated issue when drafting the Rural Land Contract Law. The law finally passed only allows the contracting and management rights of the four wastelands obtained through market-oriented methods such as bidding, auction, and public negotiation to be mortgaged.

6. Shareholding: The shareholding circulation method stipulated in the Rural Land Contract Law refers to the shareholding method stipulated in Article 42 of the Law, that is, in order to develop the agricultural economy, the contracting parties may voluntarily jointly invest the land contracting and management rights into shares and engage in agricultural cooperative production.

The issuance of land title confirmation is a land title confirmation certificate. In accordance with the provisions of laws and policies, the certificate that determines the ownership of land (or a parcel of land) within a certain range, the affiliation of the right to use and the content of other rights is called a land ownership certificate.

The purpose of the registration and issuance of certificates for the confirmation of rural land contract management rights (hereinafter referred to as "rural land rights confirmation") is to stabilize and improve the existing rural land contract relationship, establish and improve the registration system for land contract management rights, and strengthen the protection of the property rights of land contract management rights.

The consolidation and confirmation of rural land rights is a confirmation and improvement of the existing rural land contract relationship, not a reversal of the land. It is necessary to improve land contracting contracts and implement peasants' rights to contracted land on the basis of the second-round land contracting ledger and contract contracts of the existing land contracting relations, and on the basis of the results of the investigation of land contracting and management rights. The county (district, city) rural land contracting management department shall record the rights of the contracted farmers to the contracted land, use, income and other rights in the land contracting and management right register, and the provincial agricultural department shall uniformly print the certificate of the rural land contracting and management right of the world, and issue it to the rural households after being stamped with the seal of the county-level people.