Understand! Seek help from typical rural land contract disputes!! 70

1. The Rural Land Contract Law, adopted at the 29th Session of the Standing Committee of the Ninth National People's Congress on August 29, 2002, stipulates that the contract-issuing party shall not take back the contracted land during the contract period, that is, it cannot be re-divided.

2. Even if you have legal procedures for abandoned land, the employer has the right to take it back and re-issue the contract. That is, 98 of the land contract was terminated.

3 It can be properly solved from the mobile field. If there is no mobility, there is no way.

4. The promulgation of the new law and the old law will naturally become invalid, that is, the 98-year land contract is invalid.

5*** notice is just a document not a law, the use of documents to deal with the problem, is an administrative means. Whether administrative or legal, the premise must be that there is land that can be recontracted.

6 It is difficult to solve, unless the existing contractors give in, there is no other way.

Homeland Staff:

1: First of all, there is no need to hire a lawyer, and it is valid according to Articles 3 and 4 of the Emergency Notice of the General Office of the People's Republic of China on Properly Resolving Current Rural Land Contract Disputes (Guoban Ming Ming Dian [2004] No. 21).

But first, you have to go to the county land bureau to check if there is a regulatory document on the redistribution of land, because many places have autonomy documents.

Second, it is entirely okay to ask for redistribution, as long as a villagers' meeting is convened, which is passed and signed by all the villagers, and the village committee reports to the county land bureau for approval, but this is the first difficulty.

2: The current land user shall not ask for compensation from the returnees. Because the peasants only have the right to use the land, the user should benefit from the output of the land, or the land subcontract fee, but the state (collective) is the owner of the land. Compensation can only be paid to peasants by the state or collectives.

3: Suggestion: If you really want to get back to the land, the solution you can implement is mediation.

Because if the land has been idle for more than two years, the original collective can be repossessed upon approval, regardless of whether the original land user or contractor agrees. If the redistribution is made after repossession, the certificate of the original user or contractor will automatically become invalid and no longer have legal effect. The current land user is a legitimate user.

After convening the villagers' meeting, you agree to compensate the existing land users for the relevant costs, and after obtaining their consent, there is a village head's opinion on redistributing the land, all the villagers sign, sign and seal, and the village head signs and reports to the county land bureau for approval.

First of all, the cultivation of rural land is a matter of land contract management, and the land contract operation should be subject to the registration of the village committee or the contract contract and land contract management certificate.

Second, there is no fait accompli, and the right to contract and operate real estate and land does not apply to the bona fide acquisition or statute of limitations system under the civil law, that is, even if it has been cultivated for 10 years, it does not necessarily enjoy the right to the land in two parts;

Thirdly, if the village committee can come forward to coordinate and testify, provide written evidence, or directly change the registration of the number of contracted acres, it can be handled according to the coordination results of the village committee, otherwise the original registration shall prevail;

Finally, if the land is requisitioned for the construction of water conservancy, compensation for land acquisition shall be made according to the objective registration situation, and Party B can claim rights based on the registration of the village committee before the village committee changes the registration. That is, on the basis that "what is recorded in the village is only the number of acres on the land contract book" claims compensation for expropriation.

In short, the "Rural Land Contract Law" should be applied to the relevant issues (the specific has been posted by netizens, it is recommended to read the relevant provisions in detail), while the "Property Law" and "Land Management Law" only involve some principle provisions and provisions on land acquisition compensation, which can also be referred to.

Therefore, if Party B's rights are registered, they do not need to be withdrawn, and they are originally registered with Party B. If Party A has any objection, it should ask the village committee to prove and change, otherwise, the number of acres of Party A and Party B shall be implemented according to the registration, that is, 2 acres each.

The contract is valid (signed by both parties and has been renewed for so many years, it is deemed valid) and cannot be unilaterally terminated. If terminated, it constitutes a breach of contract and shall be disposed of in accordance with the terms of the breach.

In fact, compensation for land surface appurtenances and land compensation are two categories. There is no contradiction that they will be compensated for the surface crop facilities and that you will be compensated for the expropriation of the land. If you take it back now, it doesn't make much sense to pay compensation for the surface crop facilities of the land according to the contract.

Hello, according to the contract you signed, you don't need to terminate the contract in advance at all, if it is really levied, you can terminate the contract and collect the relevant compensation in accordance with the seventh clause of the contract.

The so-called entry into force after signature and seal means that it takes effect after signing or sealing, as long as there is one of them.

In judicial practice, most of the contracts will be deemed to be effective if they are signed without a seal, not to mention that the contract has been performed for two years, and it is impossible to arbitrarily determine that the contract is invalid.

However, in fact, your family can completely break the contract, you look at Article 8, in the liability for breach of contract, even if you break the contract, you don't have much loss, what water circuit investment, that thing can't say the number, there is no practical meaning at all, land requisition compensation is the big head.

First of all, you need to be clear about one thing, please refer to the "Land Management Law", "Measures for the Implementation of the Land Management Law", "Regulations on the Protection of Basic Farmland" and other regulations.

Signing and stamping must be indispensable.

The signature is effective The intention is clear and difficult to take back.

Unless evidence of a verbal agreement can be presented.

1. Rural collective land belongs to the collective, and no one has the right to assign or transfer it to the outside unless it has been expropriated by the state, otherwise it will be invalid. Therefore, Pan's own acts have been illegal and invalid, and his transfer to Tao is of course also invalid, Tao's act of building a house on the purchased collective land is also invalid, and the villagers' acts of preventing the construction are correct; 2. It was correct for the villagers to prevent Tao from carrying out the construction to safeguard the collective interests, but the manner of conduct adopted afterwards was illegal, and it was an illegal act to confirm the illegal act, and his act of demanding 12,800 yuan from Tao clearly met the constitutive elements of the crime of extortion. As for who should bear the legal responsibility for extortion, I personally believe that when looking at the scope of the proposer and the active implementer, the person who first proposed to exchange money for the construction of a house and took the lead in implementing it should be the principal offender, and then immediately echoed and participated in the negotiation and signing of an agreement, and those who received the money and proposed that the people should be divided equally should also be held responsible, and the rest of the people should not be punished as a crime, but the amount collected should be refunded.

Tao was at fault for illegally purchasing collective land to build a house, and it may be considered as a circumstance for a lighter punishment as appropriate.

The first thing that needs to be declared is that the land belongs to the public collective property, and individuals do not have the right to transfer it! So the land transfer agreement they signed is invalid!

Those 3 people are very likely to be sentenced if they are held legally responsible!

The 6 groups of villagers should return the 12,800 yuan they obtained, and they have no right to dispose of it.

According to your account, the three villagers are suspected of extortion and extortion by improperly defending their rights.

Zongheng Legal Network-Hebei Yinglu Law Firm-Liang Huichao lawyer.

It should belong to your family, mainly because the contract expired and was not renewed. For relevant laws, you can refer to the Law on Rural Land Contracting.

Article 26 During the contract period, the contract issuing party shall not take back the contracted land.

During the contract period, if the contracting party's entire family moves into a small town and settles down, it shall, in accordance with the wishes of the contracting party, retain its land contracting and management rights or allow them to transfer their land contracting and management rights in accordance with law.

During the contract period, if the contractor's family moves to a city divided into districts and changes to a non-agricultural household registration, the contracted cultivated land and grassland shall be returned to the contract-issuing party. If the contracting party does not return it, the contract-issuing party may take back the contracted cultivated land and grassland.

During the contract period, when the contracting party returns the contracted land or the contract-issuing party takes back the contracted land in accordance with law, the contracting party shall have the right to receive corresponding compensation for the increase in the production capacity of the land invested in the contracted land.

Article 27: During the contract period, the contract issuing party shall not adjust the contract land.

This land is owned by the village collective, and the village collective will compensate your family; The children of the former contractors did not have the right to ask for money, because after they were transferred to the urban hukou, they had no right to continue to contract collective land, and the contracting rights should have been withdrawn! Hope the answer helps!

What you say is more general, whether the evidence is sufficient. Two ratings are recommended.

This kind of problem is very difficult to solve by law, and it mainly depends on village and township cadres.

If you really can't do it, go to court and sue.

1. The other party has violated your easement.

2. Easement refers to the right to use the real estate of others in accordance with the contract for the convenience of using one's own real estate or to improve its efficiency. First, an easement is a usufructuary right established in accordance with the agreement of the parties. Second, an easement is a usufructuary right that exists in the immovable property of another person.

Third, an easement is a usufructuary right established for the convenience of easement land.

3. Coordinate and resolve on the basis of facts and the law.

4. Through legal proceedings.

1. The contract signed by your uncle is valid because it has been posthumously recognized by your father.

2. After the replacement of homestead and cultivated land, do both parties go to the village committee for the record and the township and county land bureau for the record and registration? If not, then your dad can now reclaim the land. But it is a breach of contract.

If the contract stipulates liquidated damages, your father can pay the liquidated damages. If no liquidated damages are specified, then it is sufficient to compensate the neighbor for the economic loss of the remaining crops.

3. If there is only a contract and no registration, then the land use right is still your father's. All land ownership in our country belongs to the State.

My opinion is (provided that all the evidence is available):

1 The contract is valid, and the uncle's agreement with another person is valid.

2. The demolition compensation will be paid to your father first, and then your father will pay it to the neighbor according to the contract;

3 More than the compensation will be deducted from the income for 6 years and will be owned by your father.

4. The homestead is owned by your uncle after being approved and changed by the village.

In accordance with the provisions of the contract, or the two parties negotiate, if the contract has not been notarized in the notary office, you can also go to the local court to sue for mediation by the court! Please consult a professional lawyer for details!

If there is a contract that wants to be withdrawn, it constitutes a breach of contract. The ownership of the land belongs to the collective economic organization. The compensation for your family should be his, and the compensation for the seedlings of the person who planted your land should be his.