What should I do if my ancestral old rural house is forcibly occupied?

Is there a house on the old house? Are there any trees? If you have a "Collective Land Use Certificate", the certificate can prove your right to use, and the encroachment by others is infringement; If you don't have a certificate, find an insider to prove to you that the land has been used by your family, so that you can also protect your rights.

If it really doesn't work, find the village cadres of your village to mediate and protect your legitimate rights and interests.

All cadastral files of the township land management, and there is a payment slip for the land use certificate at that time; It is right that the police station does not accept land disputes, and it exceeds their management authority, and their management is a disorderly act. Evidence is needed to prove that the land has always belonged to you. Find your old neighbors and insiders as soon as possible to collect evidence, and it is more difficult for the court to accept this kind of dispute.

It is best solved through towns and villages.

1. China's "Rural Land Contracting Law" stipulates that Article 51 Where a dispute arises due to land contracting and operation, the parties may resolve it through negotiation, or may request the villagers' committee, township (town) people, etc. to mediate.

2. Where 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.

Article 52 Where a party is dissatisfied with the arbitral award of a rural land contract arbitration institution, it may file a lawsuit with the people's court within 30 days from the date of receipt of the award. If the lawsuit is not filed within the time limit, the ruling shall take legal effect.

If there is evidence that belongs to one's old house, you can sue for confirmation of rights or vacancy.

Legal analysis: If a rural house has been occupied by others for 20 years and now no one else has returned, it can be dealt with through negotiation, and if it cannot be dealt with after consultation, it can be sued.

Legal basis: Civil Procedure Law of the People's Republic of China Article 3: The provisions of this Law shall apply to the people's courts accepting civil lawsuits brought by citizens, legal persons, and other organizations, as well as between them due to poor property and personal relationships.

1. Negotiate with the direct infringer to request the cessation of the infringement.

2. Find the local village committee and police station for mediation.

3. Collect evidence of infringement, and then go to the court to sue to stop the infringement and remove obstacles.

The encroachment of a neighbor on a homestead is a tortious act, and according to the relevant provisions, the way to bear the liability of the creditor's right includes compensation for losses, restitution to the original state, etc. The right to use homestead land includes two aspects: legal acquisition and legal use. The owner of the homestead land has the right to occupy and use the land owned by the collective in accordance with the law, and has the right to use the land to build residential buildings and other ancillary facilities in accordance with the law.

Illegal expansion or seizure of homestead land or even cultivated land shall be declared null and void in accordance with the law, and may be punished by law. In the process of using the homestead, those who obstruct the public interest and infringe upon the adjacent rights of others, such as housing, passage, drainage, ventilation, and lighting, shall bear civil liability in accordance with law. If the land owned by the farmer's collective is used for non-agricultural construction by transferring, transferring the right to use or leasing without authorization, or in violation of relevant regulations, the collective business construction land is handed over to a unit or individual for use by means of transfer, lease, etc., the competent department of natural resources of the people's government at or above the county level shall order it to make corrections within a time limit, confiscate the illegal gains, and impose a fine.

Whether there is a sentence for encroachment on a homestead:

Encroaching on other people's homesteads is indeed an illegal act, and it may be suspected of the crime of embezzlement. But it doesn't necessarily mean a sentence. In the case of encroachment on another person's homestead, the victim can demand that the encroacher apologize to the victim and demand that the encroacher bear the economic loss, and at the same time, if the other party asks, can require the encroacher to restore the land to its original state.

This is a dispute over land use rights, and in the case of failure to reach negotiation, it should first apply to the township (town) or county-level people** for handling, and if the people's ** is not satisfied with the decision, it can apply for administrative reconsideration or file a lawsuit with the people's court. If there is no dispute over ownership, you can sue directly for restitution. Land ownership disputes should first be handled by the people, and if they are not satisfied with the people's decision, they can apply for administrative reconsideration or directly sue them.

What is Homestead:

Homestead land refers to the land owned by the collective owned by rural farmers or individuals who use it as a residential base. There are three types of land: land on which houses have been built, houses have been built or decided to be used for the construction of houses, land on which houses have been built, land on which houses have been built but no longer have a superstructure or cannot be inhabited, and land that is planned to be used for building houses. The ownership of the homestead belongs to the members of the rural peasant collective.

Legal basis: Land Management Law of the People's Republic of China

14th land ownership and use rights disputes, by the parties to negotiate and settle; If the negotiation fails, it will be handled by the people.

Disputes between units shall be handled by the people at or above the county level; Disputes between individuals and between individuals and units shall be handled by the people at the township level or at or above the county level.