About land use rights! Urgent! The issue of private expropriation of land and land use rights is !!

Unjust enrichment – refers to the loss of others without a lawful basis and the gain of oneself.

Land use right refers to the right of possession, use, income and limited disposal of state-owned land or collective land enjoyed by units or individuals in accordance with law or agreement.

The transaction between Party A and Party B is illegal. The transaction has changed the use of the land.

Interim Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Rights

If, after the transfer of land use rights, it is necessary to change the land use specified in the land use right transfer contract, it shall be handled in accordance with the provisions of Article 18 of these Regulations.

18th without the consent of the transferor, overdue payment of the transfer fee, the city and county people's land management department has the right to terminate the contract, the deposit paid by the land user is not refundable. �

If the municipal and county people's land management department fails to provide land use rights in accordance with the provisions of the contract, the land user has the right to terminate the contract and return the deposit twice as much as the municipal and county people's land management department. �

When bidding for the transfer of land use rights, if the winning bidder fails to sign a land use right transfer contract with the land management department on the specified date, the winning bid right shall be cancelled and the deposit paid shall not be refunded. The deposit paid by the unsuccessful bidder shall be returned by the municipal and county people's land management departments. �

The rest of the problem, you should think about how to deal with it.

Let me give you a few concepts first.

1. Expropriation: It is a ** act, and the ownership of the expropriated land will be changed. The ownership of collective land that has not been expropriated belongs to the village collective, and after expropriation, the owner is owned by the state, that is, by the whole people. No unit or individual has the right to expropriate land.

2. Contracted management rights: The land owned by the village collective can be contracted to the members of the village collective for use without contracting fees, and the use period is 30 years, and it will be adjusted after 30 years.

3. Sublease of the contracted management right: The contracted management right holder may release the contracted land. The dead man's boss here is leased land, not expropriated land, and has no right to do so.

Answer: 1. You belong to the village collective, the land is owned by the village collective, the village collective economic organization is the owner of the land, and when the state expropriates the land, the compensation object of the compensation is the owner, that is, the village collective economic organization, not the contractor or the deceased boss after sublease. You are a member of the collective, and you have a part in compensation.

Now that the contract period of the land is longer (30 years), the collective will no longer adjust the land to the expropriated person after the land is expropriated. Therefore, the compensation for the expropriation of land is generally given to the individual, that is, you.

2. As the lessee, the private owner only has the right to use the land in accordance with the contract, and has no right to dispose of it. During the contract period, if the expropriation of land leads to the early termination of the contract, it is an act of **, and the parties can be exempted from liability, which is not a unilateral termination of the contract and does not bear the liability for breach of contract. You can get a refund of the land lease fee paid by the private owner.

Other losses, such as buildings, saplings, and other assets invested in the land, shall be compensated by the expropriator.

3. Land compensation fee: The Land Management Law stipulates that the land compensation fee shall be compensated according to the multiple of the average annual output value of the expropriated land in the previous three years, and the maximum shall not exceed 30 times. In addition, there are resettlement subsidies, social security fees, etc., which you should calculate according to the actual local situation or consult the land management department.

For the sake of their own interests or short-sightedness, the current village committee or the captain of the village committee privately leases out land in the form of "renting instead of expropriating" to seek huge profits, resulting in losses for the members of the village collective.

When signing the contract with the boss of the dead man, it should be agreed on the terms of how the lease relationship should be handled if the land is expropriated.

The village director sold our team to a family in the east of the village, but they wrote a receipt at that time, and there was no person in charge and no Zen digging chapter"Selling" is illegal and invalid! 2.

A receipt, no person in charge, and no chapter "Illegal, invalid!" Because: the land is owned by the state, and "the village chief (who has no power) sold our team to a family in the east of the village".

The threshing field has been used by my family for several generations, and the threshing field village was not divided into households when the land was contracted, but we have been using it] said, no, there must be evidence to prove that the right to use the threshing field belongs to you!

Is it possible to build a house in that wheat field? If you have sufficient and conclusive evidence that the right to use the threshing field is yours, you can build a house.

To whom should that threshing floor belong? If you do not have sufficient and conclusive evidence to prove that the right to use the wheat field belongs to you, then it belongs to the state (collective).

Rural land is a form of collective ownership. Therefore, no one can illegally transfer collective land, so the village cadres have no right to transfer the land, for the land you said has always been your home, only temporarily, for the construction of a house on the wheat field, this must be approved by the relevant land departments, otherwise it is illegal to ambush.

Endeavor is not to own the means of production, the fields, tools, and even oneself are the slave owners, and the harvest is handed over to the slave owners for the most part, and a small part is left for themselves, and the same is true for their children and grandchildren. Besides, when did China engage in private ownership of land? That is, between the land reform in 52 and the completion of the three major transformations in 56, it has always been the landlord land ownership system and the feudal land ownership system, so this should be regarded as private land.

In the past, the land was owned by the state, called public land, and the private land cultivated by slave owners did not need to pay taxes to the state. After the land is privately owned, the land is their own, and the slave owner will be transformed into a feudal landlord (rest assured, those with vested interests will never lose), and the slave obtains a share of the land, and the public and private fields have to be taxed, taxed, taxed, taxed, and taxed. In this way, the peasants' enthusiasm for production will be mobilized, and more work will be rewarded.

In the middle of this is the transformation process from slavery to feudalism, slaves are slaves, in China he will never get much land, in the ancient Spring and Autumn Period and the Warring States Period, the people, civilians, and broken scholars are the main body of farming. Whether there was a slave society in ancient times ......That's probably what it means, I'm tired of writing.

If the contract does not stipulate that it cannot be subleased, then his sublease behavior does not violate your contract, and the income also belongs to his legitimate income. Unless there are special local regulations on watermelon fields, his sublease contract violates the relevant regulations.

You can take back the right to operate the land after the contract expires, and this is legal.

If you want to recover it within the contract period, you will be liable for breach of contract, and you need to compensate for the agreed amount of breach of contract, and if not, you need to compensate for the economic losses caused to it.

It is recommended to wait until 2013 expires before you take it back, because his sublease behavior is not in breach of contract, if you want to forcibly terminate the contract, it is a breach of contract, you need to bear the liability for breach of contract, and you have to fight a lawsuit with him, the cost will be very high, you can't make money and lose money. When it expires, just drive him away and then lease it to others, this time remember to add your consent to the sublease in the contract, otherwise it will be regarded as a breach of contract and so on.

As long as people grow watermelons without violating local policies, they can plant anything, and they must choose the ones with large profits.

The original contract did not state that it could not be subleased, and it was not reproachful that the person subleased because the contract had not expired.

Now, you can only wait until the date of the contract to repossess the land. The person who has subleased the lease will definitely ask you to renew the lease on the date of the expiration of the contract, and at that time, it is reasonable for you to negotiate the rental price with him.

You couldn't have estimated this ten years ago, so the contract was not so perfect, and during the contract period, people could do whatever they wanted. It's due in 2013, and you can do whatever you want with it then, there's no need to make a mess now, think twice about everything, and tolerate it.

Your addition makes a lot of sense, but in reality, there is a person who needs to study contract law first when signing a general civil contract. Let's just make a convention. If you want to talk about the law, you have to go to the court to settle it, and the result is that the enemy is the enemy, so why bother to lose both.

Although it is a breath, it has to pay a certain price, so it is better to get married and disperse. According to the term of the contract, you have not suffered any losses, and as for how much others have benefited, strictly speaking, it has little to do with you. If you had seen what is happening sooner, you probably wouldn't have signed a 10-year contract.

Since the matter is almost over, let's wait a little longer, lest others talk about our strengths and weaknesses, do you think?

It is useful and legal, (there is no legal expiration date).

If the old title deed and the notarial deed of Changchong are recognized as legal, there is no difference in general compensation.

May I ask you are **, what do you do? I may also give you the papers.

Hello: Developers are taking advantage of the loopholes of the law: obtaining allocated land in the name of public interest, but using it to develop commercial housing.

However, since there is a transaction with the developer, the allocation may be written on the real estate certificate, but the allocated land cannot be used for the development of commercial housing, and the real estate certificate is written "allocation", which may cause trouble in the future. Here is a legal article for your reference:

Law of the People's Republic of China on the Administration of Urban Real Estate: Article 40 "If the land use right is obtained by way of allocation, the transfer of real estate shall be reported to the people with the right of approval for examination and approval in accordance with the provisions of the law." If the people who have the right to approve approve the transfer are approved, the transferee shall go through the formalities for the transfer of land use rights and pay the land use right transfer fee in accordance with the relevant provisions of the state.

If the land use right is obtained by way of allocation, when the transfer of real estate is submitted for approval, the people with the right to approve decide that they can not go through the formalities for the transfer of land use right in accordance with the provisions of the transfer, and the transferor shall, in accordance with the provisions of the transfer, hand over the land income from the transfer of real estate to the state or make other dispositions.

China is a country under both state and collective ownership of land.

All the land in the city is state-owned land, and what we are buying is the right to use the state-owned land and the property rights of the houses, and the state-owned land use right is what you call the land use right.

China's residential land use right is 70 years, commercial land use right is 40 years, and other land is 50 years, so the land where the house you buy is actually commercial land, and you had better ask whether the water and electricity bills of your house are charged according to the residential standard or the commercial standard.

After the expiration of the land use right, we need to renew the land transfer fee.

When buying a house, the developer pays the land transfer fee to the state, and this expense is added to the cost of the house, and after the land use right expires, we need to renew the land transfer fee.

It is unlikely that the state will take it back because it is useless.

Land belongs to the state, and land use right (land user) refers to the right of state organs, enterprises and institutions, farmers' collectives and individual citizens, as well as foreign-funded enterprises, who meet the legal conditions, in accordance with legal procedures or according to the agreement to the state-owned land or farmers' collective land to enjoy, use, benefit and limited disposal. Land use right is a concept with a relatively large extension, and the land here includes the right to use agricultural land, construction land, and unused land. It seems that you are a transfer of land use rights, and the transfer of land use rights refers to the transfer of state-owned land use rights to land users by the state as a land owner for a certain period of time.

Land use rights acquired by land users after paying the land use right transfer fee to the state. :(1) 70 years of residential land; (2) 50 years for industrial land; (3) 50 years of land for education, science and technology, culture, health and sports; (4) 40 years for commercial, tourism and entertainment land; (5) 50 years for comprehensive or other land use. After the expiration of the term of transfer, it can be renewed in accordance with national regulations.

The useful life of general residential land is 70 years.

Commercial land is 40 years.

After expiration, you can give priority to applying for the utility right of the land.

The land is owned by the state, but the tenure of the land that is transferred to you is stipulated. If it expires, the relevant fees will be paid according to the current regulations, and the relevant fees will continue to be used. You are buying a house with 40 years of financial rights, it should be commercial in nature, why not it depends on how much benefit the house will bring you.

1.Allocation and transfer both refer to a form of land acquisition by the developer, the allocation is directly allocated (now cancelled), and the transfer is obtained by bidding. The biggest difference between the two is: the former is free of order, and the latter pays. (Transfer).

2.If there is a demolition, it will not affect the compensation if it is a public housing demolition. Because what you get is only the right to use the land, and no matter what form of land use right is obtained, the property right always belongs to the state. Demolition is only to compensate the house and take back the right to use the land.

3.At the time of registration of the sale and transfer of ownership, the land use of the residential property can be changed to transfer without any fees. However, if the house is non-residential or used for shops, shopping malls, etc., then the transfer fee must be paid by the seller.