The land was used in trust and now wants to be repossessed, but the other party refuses to claim tha

Updated on Three rural 2024-04-11
4 answers
  1. Anonymous users2024-02-07

    Personally, I think that if you can get the original contract of the village committee and the registered land contracted in the village, and if you have a contract certificate that you can find, you can also take it together, which can prove that the contracted land was contracted by you. Secondly, whether your relocated hukou is still a peasant hukou is in accordance with the provisions of Article 26 of the Land Contract Law

    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.

    However, even so, there are discrepancies in practice. That is to say, if during the contract period, even if your household registration is non-agricultural and the village does not advocate the resumption of the contracted land, it can still be taken back for you, and the village collective still has a great right to decide.

  2. Anonymous users2024-02-06

    If you have a valid contract with a village committee or villagers' group, you should be able to disprove his claims.

  3. Anonymous users2024-02-05

    There is a problem with that netizen.

    Oral contracts are also legally valid, and there is nothing that can be withdrawn at any time.

    However, if the village chief cannot be the master, it may not be considered that the validity is to be determined, because the very important condition for the validity to be determined is that the party who recognizes has the right to recognize, and the village chief himself cannot be the master, and there is no such thing as recognition.

    The first thing you need to find out is whether the third party knows that you do not have a contract, and if so, then he knows that it is illegal to do so, and still accepts your subcontract, and the illegal contract is an invalid contract, and the contract is invalid from the beginning and is not protected by law.

    Then you can notify the third person, give him a reasonable period of time to harvest his crops, and leave the evidence that he has been notified, and then he can dispose of the things if he does not accept them.

  4. Anonymous users2024-02-04

    Solve this problem through the village.

    1. You don't have a contract with the village.

    2. You do not have a sublease contract with a third party.

    Therefore, both you and the third party are "contracts whose validity is pending", and you have the right to "sublease" only if the village committee recognizes that you have the right to contract the land.

    So this is, you have to complete your own formalities first, and you can do whatever you want. As for the subleaser, you can ignore his existence, after all, there is no contractual relationship between you, and the verbal contract can be withdrawn at any time. The key is not to let the sublessee find evidence against you for terminating the contract.

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