Do I have the right to the land, and do I have ownership of the land?

1.The statement of the village party secretary is unreasonable and even more illegal.

Whether or not the agricultural tax is abolished will not affect the contractor's right to contract and operate the land during the contract period. According to Article 30 of the Rural Land Contract Law, "if a woman marries during the contract period and fails to obtain the contracted land in her new place of residence, the contract issuing party shall not take back her original contracted land;

Accordingly, it is clear that you did not acquire land in your husband's area. Therefore, neither the statement of the village party secretary nor the practice of the village party secretary are in accordance with the above legal provisions, and you have the right to continue to use the land contract management rights that you have been repossessed.

Does your daughter have a right to land? It should be said with certainty that as long as your daughter is a member of the village or village group, she has the right to a share of the land; However, the problem is that the second round of land contracts has been signed before his birth, and it is difficult for the village's collective economic organization or villagers' group to obtain land if it does not have the three types of land stipulated in article 28 of the Rural Land Contract Law.

2.The way to solve it.

1) According to your current situation, it is useless to find a solution to the community or village.

2) In accordance with the provisions of Article 51 of the Rural Land Contract Law, you apply to the township people** to settle the matter and request the village to return the land contract management rights that you have recovered; If no support is obtained, apply to the local rural land contract arbitration institution (generally located in the county people** or the county agricultural bureau) for arbitration.

3) If you are not satisfied with the arbitral award of the Rural Land Contract Arbitration Institution, you shall file a lawsuit with the People's Court within 30 days from the date of receipt of the award in accordance with Article 52 of the Rural Land Contract Law to assert your rights.

I don't know when your land was taken back. If it was before the second contract, that is, around 93 years, it would be more troublesome.

If it is later, because the land has not been recontracted and distributed, the current state policy is that the existing contract relationship will remain unchanged for a long time, and there is no legal basis for the village collective to recover the land.

Besides, as long as you are a local hukou, you can allocate land, and there is no distinction between men and women. Nowadays, in many places, it is illegal for a woman to marry and repossess the land (unless the hukou is moved).

You can first negotiate with the village collective, and if not, you can appeal to the relevant township departments for reconsideration. Finally, you can go to legal action.

Legal Analysis: Land has ownership. The land in the urban area of the city is owned by the state. Land in rural areas and on the outskirts of cities shall be owned by peasant collectives, except as provided by law for the State; Homesteads, self-cultivated land, and self-cultivated mountains belong to peasant collectives.

Legal basis: "Land Management Law of the People's Republic of China" Article 9 The land in urban areas belongs to the State. Land in rural areas and on the outskirts of cities shall be owned by peasant collectives, except as provided by law for the State; Homesteads, self-reserved land, and self-cultivated mountains belong to peasant collectives.

Article 10 State-owned land and land collectively owned by farmers may be determined for use by units or individuals in accordance with law. Units and individuals that use land have the obligation to protect, manage, and rationally use land.

The right to use land belongs to other property rights. Other property rights are the rights to the immovable or movable property owned by others in accordance with the law, while the ownership of land belongs to the state or collective, and the user enjoys the right to occupy, use, and benefit from the land owned by the state or the collective, which is the right of other property. According to Article 323 of the Civil Code, the usufructuary weighs the immovable or movable property owned by others, and enjoys the right to occupy, use and benefit in accordance with the law.

Article 324 stipulates that organizations and individuals may occupy, use and benefit from natural resources owned by the State or collectively owned by the State and collectively owned by law. Article 326 stipulates that the owner of the usufructuary right shall abide by the provisions of the law on the protection and rational development and utilization of resources and the protection of the ecological environment in exercising his rights. The owner shall not interfere with the exercise of the rights of the usufructuary owner.

Article 55 of the Land Management Law stipulates that the construction unit that obtains the state-owned land use right by way of transfer and other paid use can only use the land after paying the land use right transfer fee and other land use fees and other fees in accordance with the standards and methods specified in the land. From the date of implementation of this law, 30 percent of the land for new construction land shall be paid to the treasury, and 70 percent shall be reserved for the people of the relevant localities. The specific use of management measures by the financial department in conjunction with the relevant departments to formulate, and submitted for approval.

According to the provisions of the relevant laws of China, when transferring the land use right, the land use right certificate and the ownership of the above-ground buildings and other attachments can be divided and transferred, and the registration and transfer must be handled together.

Legal basis: Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights

Article 24 The owners or co-owners of above-ground buildings and other objects attached to them shall enjoy the right to use the land within the scope of use of the buildings and attachments. When a land user transfers the ownership of above-ground buildings and other attachments, the land use rights within the scope of its use shall be transferred accordingly, except where the above-ground buildings and other attachments are transferred as movable property.

Article 25 The transfer of ownership of land use rights and above-ground buildings and other attachments shall be registered in accordance with the provisions of the transfer. The division and transfer of land use rights and the ownership of above-ground buildings and other attachments shall be approved by the municipal and county people's land management departments and real estate management departments, and the transfer registration shall be handled in accordance with the regulations.

Summary. Hello dear, after the land rights are confirmed, you can still give some to others. Theoretically, yes, but in practice, it will be very difficult to redivide the land after the rural land rights are confirmed, mainly for the following reasons:

1. It takes a long time and spends huge financial and material resources. 2. Confirm the right to the "household", not to the "person". 3. It involves the interests of all parties and has a significant impact.

Hello dear, after the land rights are confirmed, you can also give others some state rulers. Theoretically, yes, but in practice, it will be very difficult to redivide the land after the rural land rights are confirmed, mainly due to several reasons: 1. It takes a long time and spends huge financial and material resources.

2. Confirm the right to the "household", not to the "person". 3. It involves the interests of all parties and has a significant impact.

Legal basis: Article 3 of the Rural Land Contract Law The State implements a rural land contract management system. Rural land contracting is to be contracted by households within the rural collective economic organizations, and rural land that is not suitable for household contracting may be contracted by means of bidding, auction, public consultation, etc.

Article 5 of the Rural Land Contract Law: Members of rural collective economic organizations have the right to contract rural land contracted by their collective economic organizations in accordance with law. No organization or individual may deprive or unlawfully restrict the right of members of rural collective economic organizations to contract land.