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Generally, rural land can be divided into homestead, agricultural land and undeveloped land. Homesteads are applied to the village collective according to the rural household registration of individuals without residential land (they used to have it but cannot apply if they are sold), and the specific area is determined by the village collective, and is generally not less than the area of commercial housing in the city. Agricultural land, especially cultivated land, the original way of acquisition is through the village collective distribution to obtain, generally not changed to other ways, the specific area is determined by the localities, our hometown is a person more than 2 acres; The non-original method of acquisition is the acquisition of land through land circulation.
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Hello! Your question is not detailed enough, please also indicate whether you have an urban or rural hukou. In China, the land use rights in rural areas can only be circulated within the collective, and land applications can be submitted to the local township or town government to apply for homesteads.
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The brigade divides how much land you have, and then uses a ruler to measure as long as it is enough for the share or mu, and you and your village have land contracts.
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This is a complicated issue, and I suggest you consult an online lawyer, who is more professional.
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There are many ways to measure land, and now there are electronic instruments.
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Take out the land division book and know the plug.
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The land belongs to the state, and it has always been the right to use the land, which may be yours for the time being.
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The rural peasant population is divided into fields< 1 person is divided into 3 points", and the land is the ownership of the peasants. Xu Lei confessed his heart. There is a law that protects the peasants from eating the fields.
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The formula is: length (m) width (m) mu, if 200 meters long, 150 meters wide, the land area of the cluster is 200 (m) 150 (m) square meters mu).
1 square meter mu, such as 128 square meters, the calculation method is to use 128 plus half of 128, 128 64 192, and then shift the decimal point to the left by 3 places, that is, the number of acres is prepared.
If you want to calculate how many square meters per mu is equal to, after doubling, then move the decimal point to the right by 3 places, that is, the number of square meters is 16400.
The area of rural land can be calculated by the shape of the land.
1. If it is a triangular land, you can measure the length and width first, and then use the length by the width, and divide the result by 2 to get the area.
2. If it is a square land, you can first measure the side length of the 4 sides, and then use the side length multiplied by the side length to mark the area.
3. If it is a rectangular land, you can measure the length and width first, and then use the length by the width to obtain the area.
4. If it is trapezoidal land, you can first measure the degree of the long side and the short side, and at the same time the width, and then add the length of the long side and the short side, add it and then multiply it by the width, and divide the result by 2 to get the final area.
When calculating rural land area, it is not necessary to be very precise, it can be measured and estimated by means of tape measures, ropes, etc.
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Legal analysis: If there is no land contract certificate for rural land, there is no right to contract and operate the land, and the land contract can be applied for in accordance with the rural land contract signed with the contract issuer in accordance with the law.
According to Article 2 of the Measures for the Administration of Rural Land Contracting and Management Certificates, the Rural Land Contracting and Operation Certificates are legal documents for the State to confirm the contracting party's enjoyment of land contracting and management rights after the rural land contracting contract takes effect.
Rural land contracting and operation certificates are only available to the contractor.
Legal basis: Article 2 of the Measures for the Administration of Rural Land Contracting and Operation Warrants stipulates that the rural land contracting and operation warrants are legal documents for the State to confirm the contracting party's enjoyment of land contracting and management rights after the rural land contracting contract takes effect.
Rural land contracting and operation certificates are only available to the contractor.
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Legal analysis: The general certificate is the second-round contract certificate for rural land, and if the right has been confirmed, there will be a land confirmation certificate. If there is no certificate because the land certificate is lost, there will be a corresponding record in the land ledger in the general collective.
If there is really no record, it can only be proved by the fact of underwriting, that is to say, the collective can prove that the land was indeed contracted and there are no disputes, but this situation is generally difficult to verify.
Legal basis: "Land Management Law of the People's Republic of China" Article 2 The People's Republic of China implements the socialist public ownership of Yuanhui file land, that is, the ownership of the whole people and the collective ownership of the working people. No unit or individual may occupy, buy, sell, or otherwise illegally transfer land.
The State may, for the sake of the public interest, expropriate collectively owned land in accordance with the law. The right to use state-owned land and collectively owned land may be transferred in accordance with law. The specific measures for the transfer of land use rights shall be separately stipulated by ***.
The State implements a system of paid use of state-owned land in accordance with the law.
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In this confirmation of rural land rights, it is necessary to find out the contract issuing party on the basis of the current land contract contract, operation ownership certificate or second-round contract registration book (ledger)., the name of the contractor, the name and detailed address of the responsible person of the contract issuing party and the contractor, and the ownership of the contractor's land resources contracting and management rights. Find out the name, total area, four to, spatial location and nature of the land parcel.
The total area of rural land confirmation is obtained by the evaluation method and the first method, and the evaluation method is that the surveyor takes the measuring equipment and the land boundary person to the site to carry out accurate measurement and collection points, and connects the points into a line after returning home, which becomes the plot of the grower. **The method is to mark the boundary on the spot on the orthophoto map of 1:2000, and then load the image map with a computer application, and immediately draw the plot of land on the map.
The plots plotted by both methods have planar coordinates, and the total area can be accurate to two decimal places.
In terms of actual work, according to the understanding, when the village was divided, pulling a soft ruler was a common measurement method, followed by a variety of land division methods such as foot measurement, sticks, and throwing stones. In addition, there are also "human feelings" and "flat land", etc., for example, everyone is 1 mu of land, but your land is relatively low-lying and very easy to gather water, so in order to better compensate you, you will be given another mu of land in another place, but your land area or 1 acre.
If the total area is very far apart and the assessment is inconsistent with the specific total area, it should be reported to the village committee first, and the villager committee should contact the surveying and mapping company to carry out the change. However, by this time, the work of confirming rights in many areas had already been completed, and the surveying and mapping company could also be revoked. At this time, you can go through the process change, first ask the village committee to issue a certificate, and then submit it to the urban land resources management part for reviewAfter the review is passed, the gradual change can be made, and a new land confirmation certificate can be issued, please ask the local town land bureau for the actual change steps.
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This will have no effect, and this phenomenon is normal, because the area is not the same when calculating.
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Losing trust, not trusting these people, the farmer may not like it, and will lose patience.
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If the above area does not match the actual area, it will directly affect the issuance of subsidies, the issuance of property rights certificates for the issuance of national subsidies, and it will also suffer losses in land circulation.
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1. Register truthfully, as long as the area of Tuhe jujube land is not obtained through illegal means, this time the land right confirmation is filled in truthfully, as long as it is not land expropriation and the village redistributes land, it will have no impact on your family.
2. If the area of land rights confirmation is inconsistent with the area of the second round of contracting, according to the Ministry of Agriculture and other 6 departments' "Opinions on Carrying out the Pilot Work of Registration of Rural Land Contracting and Management Rights" (Nong Jing Fa [2011] No. 2), when implementing the first and second rounds of rural land contracting, due to factors such as cultivated land quality, soil fertility, distance and agricultural taxes and fees, the actual contracted area is greater than or less than the legal area of the contract and certificate, and the contracted land shall be based on the rural second-round contract. For the boundary and spatial location of the contracted land as agreed in the certificates, ledgers and other legal documents, scientific surveying and mapping technology shall be adopted, and the actual area of the contracted land shall be ascertained with the standard mu as the unit of measurement, and the contract shall be re-signed according to the measured area, the certificate of the contracted operation right shall be replaced, and the registration of the change of the contracted operation right register shall be handled.
3. However, regardless of whether the measured contracted land area is greater than or less than the contracted land area of the second-round contract and the certificate registration, it shall be registered according to the results of this land ownership confirmation verification, and the contracted land area of rural households shall not be arbitrarily reduced or increased.
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When land is contracted and allocated, there should be a "contract certificate" or a contract contract.
If there is none, you can go to the land planning bureau of the village or township (town) to make a copy of the "land masking contract planning map", or you can ask these departments to issue supporting materials. Individuals who do not have land ownership can have land use rights, and the ownership of the rural land contract management macro land merger rights needs to be proved by the rural land contract management right certificate.
Legal basis: Article 2 of the Measures for the Administration of Rural Land Contracting and Management Certificates The rural land contracting and operation certificate is a legal certificate for the state to confirm the enjoyment of the land contracting and management rights of the contractor in accordance with the law after the rural land contracting contract takes effect.
Rural land contracting and operation certificates are only available to the contractor.
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Hello dear, 1I went to the land office to check the files, and after finding the files, I reported the loss, stating that the previous land use certificate was invalid. 2.
After the loss report expires, the State Land Institute will send someone to re-measure (land area, fill in forms, draw drawings; This is the work of the people of the land. 3.There is a cadastral legal person identity certificate, which needs to be signed by the village head and a copy of his ID card; A copy of one's ID card, a neighbor's signature, and one copy of the ID card; The next step is to wait for the people from the Land Institute to take the city bureau for approval.
Legal basis: Article 12 of the Land Management Law of the People's Republic of China The registration of ownership and use rights of land shall be carried out in accordance with the laws and administrative regulations on the registration of immovable property. The ownership and use rights of the land registered in accordance with the law shall be protected by law and shall not be infringed upon by any unit or individual.
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<> registration of confirmation of rights shall be carried out according to the actual area. As for the discrepancies in area, how to deal with them is another matter. In case of dispute, refer to Article 51 of the Rural Land Contract Law.
First, the area is less than the corresponding area, and the collective has mobile land, which can be supplemented;
Second, if the area to be divided is exceeded, it will generally not be adjusted and will be registered with the actual area;
3. If the collective cannot adjust, then if it does not adjust, it can only maintain the status quo.
In case of dispute, refer to Article 51 of the Rural Land Contract Law.
1. In the event of a dispute over land contracting, the two parties can resolve it through negotiation, or they can request mediation by the villagers' committee and the township (town) people.
2.If the parties are unwilling to negotiate or mediate, or if the negotiation or mediation fails, they may apply to the rural land contract arbitration institution for arbitration, or may directly file a lawsuit with the people's court.
Extend your data. Rural Land Contract Law;
The following principles should be followed in land contracting.
1) In accordance with the provisions on unified organization contracting, members of collective economic organizations exercise the right to contract land on an equal footing in accordance with the law, and may voluntarily waive the right to contract land;
2) Democratic consultation, fair and reasonable;
3) The contracting plan shall be in accordance with the provisions of Article 12 of this Law, with the consent of more than two-thirds of the members of the villagers' meeting or more than two-thirds of the members of the collective economic organization;
4) The signing procedure is legal.
Article 19 Land contracting shall be carried out in accordance with the following procedures:
1) The villagers' meeting elects the members of the collective economic organization to form a contracting working group;
2) The contracting working group shall formulate and publish the contracting plan in accordance with the provisions of laws and regulations;
3) Convene a meeting of villagers of the members of the collective economic organization in accordance with the law to discuss and approve the contracting plan;
4) Publicly organize the implementation of the contracting plan;
5) Sign a contract.
Article 26 During the contract period, the contract-issuing party shall not take back the contracted land.
During the contract period, if the contractor's family moves into a small town to settle down, it shall retain its land contracting and management rights or allow it to transfer its 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 becomes a non-agricultural household registration, the contracted cultivated land and grassland shall return to the contractor. If the contractor fails to return it within the time limit, the contract-issuing party may take back the contracted cultivated land and grassland.
During the contract period, when the contractor returns the contracted land or the contract-issuing party takes back the contracted land in accordance with the law, the contractor has the right to obtain 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 contracted land.
During the contract period, if the cultivated land or grassland contracted by individual farmers needs to be appropriately adjusted due to special circumstances such as natural disasters or other serious damage to the contracted land, it must be approved by more than two-thirds of the members of the villagers' meeting or more than two-thirds of the villagers' representatives of the collective economic organization.
And by the agricultural administrative departments reported to the township (town) people and county-level people for approval. If the contract stipulates that the adjustment is not allowed, it will be executed according to the contract.
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