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For the registration of illegally acquired land, it depends on whether the registration is successful, and if it is successful, it is legal.
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Illegal legal process. Rural collective land ownership confirmation and registration process:
1.Application: The villagers shall submit a written application to the Land and Resources Institute (or the Land and Resources Branch) within their jurisdiction;
2.Ownership review: each land and resources institute (sub-bureau) conducts a preliminary review of land registration data, and the county land and resources bureau reviews it; If there is no objection after review, an announcement shall be issued in the name of the Land and Resources Bureau, and the announcement time shall not be less than 7 days; After the announcement expires, it shall be submitted to the county people for approval;
3.Registration: Fill in the "Land Registration Card" and "Catalogue of Common Land Registration Cards", fill in the "Land Ownership Card", assemble the "Land Registration Book", and file the materials;
4.Issuance of certificates.
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No, since it is not legal, then the registration procedure is definitely not legal, and it is definitely invalid!
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If someone reports this, it should be invalid, and if there is no one, it should be valid.
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In this case, it is invalid, after all, it was obtained illegally, and it certainly can't.
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You said it was illegal, and I think the registration must be illegal, but I think it depends on whether someone reports it.
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According to the relevant laws and regulations of our country, land acquired by illegal means is invalid even if land registration is implemented.
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In such cases, the timely registration of such acts must also have no legal effect, so such acts should be punished by law and recovered.
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The registration of illegally acquired land is not valid, and the national constitution has a land law, and it is only in accordance with the land law that can be done.
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The registration of land acquired in violation of state regulations is not valid.
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Is it valid to legally acquire land and implement registration? That, of course, is invalid. Personally, I thought,
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The registration of illegally acquired land should not be valid, and he was originally illegally obtained, so there is no Xiao in this registration.
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The law on the registration of land use rights stipulates that a written application for the registration of land use rights shall be submitted to the State Institute of Land and Resources; The Land and Resources Institute conducts the preliminary examination of land registration data and the review of the County Land and Resources Bureau; If there is no objection to the review, the announcement will be issued and submitted to the county people for approval after 7 days; Fill in the catalogue of land registration cards and common parcel registration cards; Filing of materials and issuance of certificates.
[Legal basis].Article 3 of the Regulations for the Implementation of the Land Management Law.
The State implements a system of land registration and issuance of certificates in accordance with the law. The ownership and use rights of land registered in accordance with the law are protected by law and may not be infringed upon by any unit or individual. The content of the registration of the land and the style of the land ownership certificate shall be uniformly prescribed by the competent department of land collapse.
Land registration information can be searched publicly.
Article 12 of the Land Administration Law.
The registration of land ownership and use rights shall be carried out in accordance with the laws and administrative regulations on the registration of immovable property. The ownership and use rights of land registered in accordance with the law are protected by law and may not be infringed upon by any unit or individual.
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Without formalities, applications for contracting or transfer of land that are not legal will not be approved.
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In recent years, there has been a "house building fever" in rural areas all over the country, and many rural friends who are living better and better also hope to live in "small western-style buildings", but due to the increasing number of new people in rural areas, the total number of homesteads has not changed, so the homesteads in rural areas are stretched.
In this case, many rural friends will think that anyway, I am a rural hukou, and our family also has arable land, so can't I build a house on my own arable land or cultivated land that no one has planted? So, can you build a house on the farmland? How can it be legal to build a house on arable land?
Can I build a house on my own farmland?
With the refinement of management planning and the unified planning of rural construction, as well as laws and regulations such as the Land Management Law, rural housing construction will no longer be as arbitrary as before.
In accordance with Article 36 of the Land Administration Law.
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Summary. Dear, I'm honored to answer for you! According to Article 143 of the Civil Code, which came into effect in 2021, the circumstances under which land use rights and ownership contracts are invalid are as follows:
1. The content of the contract violates the mandatory provisions of the law; 2. The intention of both parties to the contract is not true; 3. The counterparty maliciously colludes to harm the legitimate rights and interests of others.
Dear, I'm honored to answer for you! According to Article 143 of the Civil Code, which came into effect in 2021, the circumstances under which the land use right and ownership contract is invalid are as follows: 1. The content of the contract violates the mandatory provisions of the law; 2. The intention of both parties to the contract is not true; 3. The counterpart maliciously repents and colludes to harm the legitimate rights and interests of others.
Legal basis: Article 143 of the Civil Code is valid for civil juristic acts that meet the following requirements: (1) the actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (Shijing Town 3) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.
Article 153 of the Civil Code is invalid for civil juristic acts that violate the mandatory provisions of laws and administrative regulations. However, the mandatory provisions do not lead to the invalidity of the civil juristic act. Civil juristic acts that are contrary to public order and good customs are invalid.
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Summary. Dear, I am glad to answer the circumstances of invalid land ownership registration: (1) the subject of the contract is unqualified; (2) The conclusion of the contract is illegal, manifested as: a contract that violates the mandatory provisions of laws and administrative regulations is invalid; Contracts that violate the public interest of the community are invalid; A contract that intentionally colludes to damage the interests of the state, the collective, or three persons is invalid; A contract that conceals an illegal purpose in a legal form is invalid.
3) a contract in which the expression of intent is not true, i.e., the expression of intent is flawed;
Dear, I am glad to answer the question of invalid land ownership registration for you: (1) the subject of the contract is trapped and unqualified; (2) The conclusion of the contract is illegal, manifested as: a contract that violates the mandatory provisions of laws and administrative regulations is invalid; Contracts that violate the public interest of the community are invalid; Contracts that collude with the intention to harm the interests of the state, the collective, or three persons shall be invalid; A contract that conceals an illegal purpose in a legal form is invalid. 3) a contract in which the expression of intent is not true, i.e., the expression of intent is flawed;
Legal basis] According to Article 153 of the Contract Law, the civil juristic act of compulsory spring ruler xing in violation of laws and administrative regulations is invalid, except that the compulsory stool height does not lead to the invalidity of the rough grip civil juristic act. (The Contract Law will expire on December 31, 2020) according to Article 153 of the Civil Code:
Civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid. However, the compulsory provisions do not lead to the invalidity of the civil juristic act.
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Legal analysis: To obtain land use rights by way of transfer or allocation, an application for registration shall be made to the local people's land management department at or above the county level, and the land use right certificate shall be issued by the people at the same level after verification by the local people's land management department at or above the county level. If a house is built on the real estate development land obtained in accordance with the law, it shall apply for registration with the land use right certificate to the local people's real estate management department at or above the county level, and the local people's real estate management department at or above the county level shall verify and issue a house ownership certificate.
When real estate is transferred or changed, it shall apply to the local people's ** real estate management department at or above the county level for registration of real estate change, and apply to the people's ** land management department at the same level for registration of change of land use right with the changed house ownership certificate, and the people's ** land management department at the same level shall replace or change the land use right certificate after verification by the people's ** land management department at the same level. Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws.
Legal basis: "Law of the People's Republic of China on the Management of Urban Real Estate" Article 61 To obtain land use rights by way of transfer or allocation, an application for registration shall be made to the local people's land management department at or above the county level, and the land use right certificate shall be issued by the local people's land management department at or above the county level. If a house is built on the land for real estate development obtained in accordance with the law, it shall apply for registration with the local people's real estate management department at or above the county level with the land use right certificate, and the local people's real estate management department at or above the county level shall verify and issue a house ownership certificate.
When real estate is transferred or changed, it shall apply to the local people's ** real estate management department at or above the county level for registration of real estate change, and apply to the people's ** land management department at the same level for registration of change of land use right with the changed house ownership certificate, and after verification by the people's ** land management department at the same level, the people at the same level shall replace the rubber hole limb or change the land use right certificate. Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws.
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To obtain the land use right by way of transfer or allocation, it shall apply for registration to the local people's land management department at or above the county level, and the land use right certificate shall be issued by the local people's land management department at or above the county level. If a house is built on the land for real estate development obtained in accordance with the law, it shall apply for registration with the local people's real estate management department at or above the county level with the land use right certificate, and the local people's real estate management department at or above the county level shall verify and issue a house ownership certificate. When real estate is transferred or changed, it shall apply to the local people's ** real estate management department at or above the county level for the registration of real estate slag Kai, and apply for the registration of land use right change to the people's ** land management department at the same level with the changed house ownership certificate.
Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws. Article 61 of the Law of the People's Republic of China on the Administration of Urban Real Estate.
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According to the Land Management Law, no party may change the status quo of land use, including applying for a land certificate, until the dispute over land ownership and use rights is resolved.
Land Management Law.
16th 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.
Where parties are dissatisfied with the disposition decision of the relevant people, they may file a lawsuit with the people's court within 30 days of receiving the notice of the disposition decision.
Before the dispute over land ownership and use rights is resolved, neither party shall change the status quo of land use.
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1. The land use certificate is a legal document confirming the land use right.
1. According to the Regulations on the Implementation of the Land Management Law of the People's Republic of China, the state implements the land registration and certification system in accordance with the law. The ownership and use rights of land registered in accordance with the law are protected by law and may not be infringed upon by any unit or individual.
2. The land use certificate is a legal certificate confirming the land use right in China;
3. China's land is divided into farmer's collective-owned land and state-owned land, so the land use certificate also includes the farmer's collective-owned land use right certificate and the state-owned land use right certificate;
3. Land use certificate:
1, the content of land registration and the style of the land ownership certificate by the land administrative departments uniformly stipulated.
2. The data and numbers in the certificate, such as the name of the unit, the number of land, the location, the change of land, etc., must be consistent with the land registration form;
3. The attached map of the land use certificate can be obtained according to the base map of the current land use status or the cadastral map. As the area and boundaries change, the drawings should be changed accordingly;
4. The state-owned land use certificate shall be supervised by the State Land Administration, issued by the people of the city and county, filled in by the land management organs, issued to the units and individuals who use the state-owned land in accordance with the law, and shall be kept by them.
Fourth, the content of the state-owned land use certificate:
Land user name, address, plan number, land number, use, approved use period, four to, fill in the signature of the issuing authority, year, month, day.
The area of land used in urban land, of which the area occupied by buildings, the area of common use rights, the area of apportionment, and the land grade; the total area of land in rural land, including the area of land type;
Remarks, change notes, drawings, certificate numbers, etc.
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Is his original? If it is not the original, and it cannot be checked in the land management department, it is basically ineffective. This kind of historical legacy is generally difficult to solve.
The current land management law was only implemented in the 80s, and it is more troublesome because it cannot be effective.
It is recommended that your collective apply to the local land management department to confirm the ownership of the land and clarify the land ownership.
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If there is no other proof, the document is still legally valid.
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