Cases concerning rural real estate disputes, rural housing disputes

Moving into the village does not mean that he is a member of the village's collective economic organization. Clause.

1. His account is only suspended for one year; Clause.

2. The agreement includes "not enjoying all the benefits of the village". Therefore, he does not enjoy the treatment of a member of a collective economic organization. In terms of specific operations, you can find a way to delay as much time as possible, and after a year, his account will be transferred away, which will be beneficial to you.

You can claim that the contract is void. In addition, although two years have passed since the other party's request for you to complete the transfer procedures, the statute of limitations has not expired. First of all, the request has the attribute of property right and is not subject to the statute of limitations; Secondly, there is no clear agreement on the time limit for handling the transfer procedures, and the other party can request performance at any time.

Addendum: The experts upstairs, plagiarism all day long, not only wastes system resources, but also makes people suspicious of the experts and legal experts of Zhonggu.com, delays the questioner's affairs, and also makes people doubt your attitude towards doing business, right? Are you tired yourself?

What's in it for the questioner, for you?!

1. If he is not a villager: your family can indeed regret not selling to him again, and you can go to the court to sue for confirmation of the invalidity of the house sale and purchase agreement, so as to recover the house and return the money to him, but there is also a 2-year statute of limitations for him to ask your family to assist in the transfer.

2. But now his hukou has moved to this village: that is, the villagers of this village, your sales contract should be valid, and your family should fulfill the obligation to assist in the transfer.

3. "His household registration is a one-year temporary hanging on the household registration book of other people's families in our village, he does not have an independent household registration book himself, nor is it a long-term permanent in our village, the village committee has agreed to suspend it for one year, and there is a sentence in an agreement written by the village committee that "you shall not enjoy all the treatment in the village".

1) Hukou is attached to someone else's home, which is not illegal or violates the policy.

2) The absence of an independent household registration book does not affect his status as a villager.

4. Suggestions: 1) You can not assist him in handling the transfer, let him go to the court to sue your family, and then your family can put forward the reason for not taking the house, and the court will determine whether the sale and purchase agreement is valid.

2) After going to the court, the reasons that your family can put forward are: first, the agreement between him and the village committee stipulates that he "shall not enjoy all the treatment in the village", which also includes enjoying the same treatment as other villagers to share the homestead of the village, so he cannot enjoy the homestead of the village, cannot obtain the right to use the homestead of the village, and the sale and purchase agreement between you and him is invalid;

Second, his hukou moved into your village after buying your house, and it was suspended for one year, and he was not a villager in the village when the sale and purchase agreement was signed, and whether the agreement was valid should be determined by the circumstances at the time of signing the agreement, and he later moved into the village's hukou and only suspended it for one year, which cannot change the fact that the homestead sale and purchase agreement signed at that time was invalid;

The third is that you and he signed an agreement 5 years ago, even if he can be recognized as a villager in the village, can leave all the benefits of the village, and the agreement is valid, it has already exceeded the statute of limitations of 2 years, and you can ask the court to reject his request.

Summary. Legal basis: For cases that occur when the housing registration system is not perfect, when the two parties have not entered into a written agreement, to confirm the existence of the house sale relationship, it is necessary to consider whether the buyer has paid the consideration, whether the value of the house and the payment are reasonable, whether the seller has delivered the house and the house ownership certificate or whether the buyer has been in possession of the house for a long time, whether the seller has claimed rights during this period, and whether the relationship between borrowing or leasing can be excluded, and on this basis, a comprehensive analysis and judgment should be made.

Hello dear, happy to answer your <>

The method of handling disputes over rural houses is as follows: when the housing registration system is not perfect, the two parties have not entered into a written agreement, how to confirm whether there is an infringement dispute between Zhang Mouqing and Feng Mouxia, Cui, and Xinxiang Xinhua Comprehensive Service Co., Ltd.

Are you experiencing any problems?

The homestead I applied for, my brother also wants to divide the house now, is he eligible? Because my brother contributed to the construction of the house at that time, and now he also wants the house.

Whose name is it now?

My name, because I applied for it, my brother was not married at the time, so I registered it in my name, the land use certificate, the planning red line map, are all my names, but when I built it, my brother paid for it, and my brother wants to divide the house now.

Then your brother has no right now, the name is yours, so the right is yours.

My parents are still alive, and I worked a lot when I built the house, and now I strongly ask for a share for my younger brother, can my younger brother get it? The names on the card are all mine, [ Do I have a dispute with my brother?

This is not the case. Because it's your name.

Does my brother have the right to use this house? Can you win a lawsuit?

Nope. Now the right is yours.

Are you afraid of getting into trouble with your brother?

Yes, because when it was built, he paid for it, and how much did he pay?

Yes, most of them.

A small part of the money, the rest is yours to pay.

Legal basis: For cases that occur when the housing registration system is not perfect, when the two parties have not entered into a written agreement, to confirm the existence of the house sale relationship, it is necessary to consider whether the buyer has paid the consideration, whether the value of the house and the payment are reasonable, whether the seller has delivered the house and the house ownership certificate or whether the buyer has been in possession of the house for a long time, whether the seller has claimed rights during this period, and whether the relationship between borrowing or leasing can be excluded, and on this basis, a comprehensive analysis and judgment should be made.

Legal analysis: Rural collective land is the most basic means of agricultural production and livelihood, and properly handling disputes over rural housing sales is of great significance to protect the legitimate rights and interests of farmers and promote the healthy development of agriculture. The Third Plenary Session of the 18th Central Committee of the Communist Party of China clearly stated that the usufructuary rights of rural households should be protected, the rural homestead system should be reformed and improved, and the pilot projects of mortgage, guarantee and transfer of farmers' housing property rights should be prudently and prudently promoted.

Legal basis: Article 62 of the Land Management Law of the People's Republic of China A rural villager household may only own one homestead, and the area of the homestead shall not exceed the standards set by provinces, autonomous regions and municipalities directly under the Central Government.

The handling of disputes over rural housing property rights is as follows:

1. First of all, the two parties can negotiate how to resolve the dispute;

2. If the negotiation fails, you can apply to the local people's land management department at or above the county level for resolution, and the local people's land management department at or above the county level shall order you to stop the infringement and compensate for the loss;

3. If the dispute is still not resolved, a civil lawsuit can be filed for resolution.

The time limit is used for the location and area of the property right exchange house, the relocation fee, and the compensation agreement between the expropriation department and the expropriated person on the compensation method and other matters in accordance with the relevant regulations. If one party is unwilling to elevate the cost of temporary resettlement or swing housing, loss of suspension of production and business, relocation of the original property, amount of compensation and payment of moral goods, the other party may file a lawsuit in accordance with law. Transition modalities and transition periods.

Legal basis

Land Management Law of the People's Republic of China

Article 62: Rural villagers may only own one homestead per household, and the area of their homestead must not exceed the standards set by provinces, autonomous regions, or municipalities directly under the Central Government.

In areas where per capita land is small and it is not possible to guarantee that a household has a homestead land, the people at the county level may, on the basis of fully respecting the wishes of rural villagers, take measures to ensure that rural villagers have a place to live in accordance with the standards set by provinces, autonomous regions, and municipalities directly under the Central Government.

Rural villagers building houses shall conform to the overall plan for the use of township (town) land or high school land and the village plan, and shall not occupy permanent basic farmland, and shall use the original homestead land and vacant land in the village as much as possible. The preparation of township (town) land use plans and village plans shall make overall plans and reasonable arrangements for homestead land to improve the living environment and conditions of rural villagers.

The residential land of rural villagers shall be reviewed and approved by the people of the township (town); Among them, where the occupation of agricultural land is involved, the examination and approval formalities shall be handled in accordance with the provisions of Article 44 of this Law.

Rural villagers who sell, lease, or donate their dwellings and then apply for homestead land shall not be approved.

The State allows rural villagers who have settled in cities to voluntarily withdraw from their homesteads for compensation in accordance with the law, and encourages rural collective economic organizations and their members to revitalize and use idle homesteads and idle homestead houses.

The competent departments of agriculture and rural affairs are responsible for the work related to the reform and management of rural homesteads nationwide.

1. How to deal with rural real estate disputes.

1. In the event of a homestead ownership dispute between farmers, both parties should respect history, be humble to each other, and resolve the issue through negotiation.

If the negotiation between the two parties is successful, it is better to sign an agreement. The agreement reached between the two parties shall not violate the relevant laws and regulations, and shall not harm the interests of the state or the collective and the legitimate rights and interests of other villagers.

2. If the negotiation fails, either or both parties may apply to the local township chain Wuxiang (town)** or the Tucang Bodi Management Office and other acceptance authorities.

When the application is processed, it shall be written in: the name and address of the applicant and the other party; The matters to be processed, the specific requirements and reasons for the application, and a schematic diagram of the disputed land parcel is attached; Relevant evidence and its **, the name, place of work or address of the witness. After receiving the application, the receiving authority shall decide whether to accept it within 15 days.

Where a decision is made to accept the application, a copy of the application shall be sent to the opposing party within 10 days. The opposing party shall submit the defense document and relevant evidence within 30 days from the date of receipt of the copy of the application; Where the defense documents are not submitted within the time limit, it does not affect the decision to handle them. Where the accepting organ decides not to accept the application, it shall notify the applicant in writing within 10 days of the decision and explain the reasons.

3. If the township does not accept it, both parties can apply directly to the county ** or the Land Bureau, and if the acceptance conditions are met, they can be designated to accept or directly accept. The accepting authority may mediate the homestead ownership dispute accepted by the accepting authority; If mediation is ineffective, a disposition decision shall be made.

4. If a party is dissatisfied with the disposition decision, it may apply for reconsideration to the handling organ at the level above within 15 days of receiving the notice of the disposition decision, and may also directly file a lawsuit with the people's court within 30 days of receiving the disposition decision.

After receiving the application for reconsideration, the handling organ at the next higher level shall make a reconsideration decision within 3 months. If a party is dissatisfied with the reconsideration decision, it may file a lawsuit with the people's court within 15 days of receiving the notice of the reconsideration decision. During the settlement of homestead ownership disputes, neither party shall change the status quo of the homestead and destroy its house.

II. Characteristics of Rural Housing Sales Contract Dispute Cases:

1.From the perspective of the identity of the buyer and the seller, the seller is generally a rural villager, while the buyer may be an urban resident, a villager from another village, or a villager from the same village.

2.In terms of the time when the transaction occurred, most of them occurred more than two years before the indictment.

3.Most of the contracts have been fulfilled (the seller has delivered the house, the buyer has paid for the house and moved in), but most of the contracts have not been registered.

4.From the perspective of the reasons for the lawsuit, most of them are due to factors such as land appreciation, land expropriation, and house demolition, and the current value of the house or the compensation for demolition is much higher than that of the original house sale**, and the seller is driven by interests to sue.

5.Judging from the current status of the subject matter, some houses have been renovated, renovated, rebuilt and other attachments. This is the difficulty of the court in dealing with such cases at present, which involves the handling of the value-added part of the house.

Legal Analysis: Handling of Rural Housing Property Rights Disputes: First, the two parties can negotiate how to resolve the dispute; If the negotiation fails, you can apply to the local people's land management department at or above the county level for resolution, and the local people's land management department at or above the county level shall order you to stop the infringement and compensate for losses; If the dispute is still not resolved, a civil lawsuit can be filed.

Legal basis: Article 359 of the Civil Code of the People's Republic of China Where the term of the right to use land for residential construction expires, it shall be automatically renewed. The payment or reduction of renewal fees shall be handled in accordance with the provisions of laws and administrative regulations.

The renewal of the right to use land for non-residential construction after the expiration of the term shall be handled in accordance with the provisions of law. If there is an agreement on the ownership of houses and other immovable property on the land, it shall be in accordance with the agreement; Where there is no agreement or the agreement is not clear, follow the law.

The provisions of laws and administrative regulations shall be handled.