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In the event of a land dispute between the two families, before the people have made a decision on how to deal with it, they shall cultivate according to the status quo before the land dispute, and neither party shall change the status quo of the land.
Introduction to Land Disputes:
Disputes between the parties over land ownership and use rights and other issues related to the ownership of land. Specifically, it means that two or more units or individuals claim ownership of the same piece of land that has not been confirmed at the same time, and it is difficult to resolve the contradiction of land ownership according to the reasons of all parties. It has the following characteristics:
The diversity of subjects, disputes over land ownership generally occur between the state and the collective, between the collective and the collective; Disputes over the right of use arise between the State and the collective, and between the collective and the collective. It also occurs at the state or between the collective and the individual and the individual. The specificity of the object is generally expressed in the question of who owns and exercises the right to use the land.
Most of the controversies are characterized by complexity, age, difficulty in verification, and strong policy. There is a specific procedure for land ownership disputes. The main causes of land disputes are:
Unclear boundaries of ownership between adjacent units or individuals; The physical area is inconsistent with the approved area; incomplete land use procedures; Failure to implement measures such as compensation and resettlement; changes in the national policy system; Land lease, borrowing, repeated expropriation, allocation, etc., causing disorder of land ownership; Changes in the original condition of the land and changes in the boundaries of the land caused by the construction of farmland infrastructure without original records, as well as other problems left over from historical reasons.
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Before the judgment is handed down and the dispute over land ownership and use rights is resolved, the land cannot be used for other purposes, and neither family can cultivate it, so the status quo can be preserved.
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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Avoid other unnecessary disputes, and don't plant anyone for the time being.
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Legal analysis: rural land dispute litigation claims may not be accepted, if it is a land ownership dispute, before the lawsuit needs to be handled by ** to deal with the dispute, and then the ** after the treatment of the decision issued before the lawsuit can be sought. If it is a land infringement dispute, it can be sued directly.
Legal basis: "Land Ownership Dispute Investigation and Settlement Measures" 13th application for the investigation and handling of land ownership disputes submitted by the applicant, the Administrative Department of land and resources shall, in accordance with the provisions of Article 10 of these measures, review, and within 7 working days from the date of receipt of the application, whether to accept the opinion.
If it is found that it should be accepted, a copy of the application shall be sent to the respondent within 5 working days from the date of the decision to accept it. The respondent shall submit a statement of defence and relevant evidentiary materials within 30 days from the date of receipt of a copy of the application. Where a statement of defense is not submitted within the time limit, it does not affect the handling of the case.
Where it is found that it should not be accepted, a written recommendation for inadmissibility shall be drafted in a timely manner and reported to the people at the same level** to make a decision not to accept it. Where a party is dissatisfied with the decision not to accept the case, it may apply for administrative reconsideration or initiate an administrative lawsuit in accordance with law. The people's ** at the same level, the administrative departments of land and resources at the higher level or the dispute cases transferred by the relevant departments, in accordance with the relevant provisions of this article to review and handle.
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Legal Analysis: The court will not accept the following cases1The parties are dissatisfied with the mediation opinions made by the administrative organs on rural land contract disputes; 2.
Landless villagers directly sue the court to regain the right to contract and manage rural land; 3.Villagers sue the villagers' meeting for confirmation or revocation of the resolution or distribution plan for collective property gains; 4.There is no resolution on the distribution of the proceeds of collective property and a direct lawsuit is filed for the distribution of the proceeds of collective property; 5.
Disputes arising from the exercise of the right to manage village collective affairs by village committees and organizations due to election changes, resignations, dismissals, expulsions, etc.
Legal basis: Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Rural Land Contract Disputes
Article 1: The people's courts shall accept the following civil disputes involving rural land contracting in accordance with law:
1) Disputes over contracting contracts;
2) Disputes over infringement of contracted management rights;
3) Disputes over infringement of land operation rights;
4) Disputes over the exchange or transfer of contracted management rights;
5) Disputes over the transfer of land operation rights;
6) Disputes over the allocation of compensation fees for the expropriation of contracted land;
7) Disputes over the inheritance of contracted management rights;
8) Disputes over the inheritance of land management rights.
Where members of rural collective economic organizations initiate civil litigation because they have not actually obtained the right to contract and operate land, the people's court shall inform them to apply to the relevant administrative departments for resolution.
Where members of rural collective economic organizations initiate civil litigation over the amount of land compensation fees used for distribution, the people's courts shall not accept it.
Article 2: Where the parties voluntarily reach a written arbitration agreement, the people's court receiving the lawsuit shall refer to the provisions of Articles 215 and 216 of the "Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China".
If the parties fail to reach a written arbitration agreement, and one party applies to the rural land contract arbitration institution for arbitration, and the other party files a lawsuit, the people's court shall accept it and notify the arbitration institution in writing. However, if the other party files a lawsuit after accepting the jurisdiction of arbitration, the people's court shall not accept it.
If a party is dissatisfied with the arbitral award and files a lawsuit within 30 days from the date of receipt of the award, the people's court shall accept it.
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Summary. If your land dispute has not yet been resolved, it is recommended that you follow these steps: Seek legal assistance:
If you're not sure how to handle a dispute, or if you need legal help, you can seek professional legal assistance to better understand your rights and obligations. Negotiate with the relevant parties: If possible, you can consult with the relevant parties to try to reach an agreement.
You can make your demands and seek a compromise. File a lawsuit: If you can't resolve the dispute through negotiation, you can choose to file a lawsuit.
Before filing a lawsuit, you should prepare relevant evidence, such as contracts, land certificates, relevant **, etc. Follow legal procedures: When dealing with land disputes, you should follow legal procedures, such as filing a lawsuit, conducting arbitration, etc., to avoid your own losses.
Stay calm and sane: When dealing with land disputes, it is recommended that you remain calm and rational and avoid emotional and heated words or actions in order to better handle the problem.
If your land dispute has not yet been resolved, it is recommended that you follow these steps: Seek legal assistance: If you are unsure of how to handle your dispute, or if you need legal help, you can seek professional legal assistance to better understand your rights and obligations.
File a lawsuit: If you can't resolve the dispute through negotiation, you can choose to file a lawsuit. Before filing a lawsuit, you should prepare relevant evidence, such as contracts, land certificates, relevant **, etc.
Follow legal procedures: When dealing with land disputes, you should follow legal procedures, such as filing a lawsuit, conducting arbitration, etc., to avoid your own losses. Stay calm and sane :
When dealing with land disputes, it is advisable to remain calm and rational and avoid emotional and intense words or actions in order to better handle the problem.
Note: Retain relevant evidence and information: When dealing with land disputes, it is recommended that you keep relevant evidence and information, such as land contract, land certificate, expropriation compensation agreement, relevant **, etc., so as to provide evidence support when needed.
Avoid violence: When dealing with land disputes, never act violently to avoid endangering your own safety and the safety of others. Compliance with Laws and Regulations:
When dealing with land disputes, you should comply with the relevant laws and regulations to avoid your own illegal behavior. Seek professional help: If you are not sure how to deal with land disputes, you can seek professional help, such as a lawyer, land expropriation compensation expert, etc., so that you can better handle the problem with Hu Duan.
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There is a dispute over the land, the court did not decide on the ownership of the land, and the village came to the field to cut down the trees, is it illegal?
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If the court has not yet ruled on the ownership of the land, it is illegal for the village to cut down the trees on the land without permission, because the ownership of the land has not yet been determined, that is, there is no clear ownership of the trees on the land. In this case, no one has the right to cut down trees on that land. If the village really needs to cut down the trees ordered by the regiment, it should first apply to the court to resolve the land ownership dispute, and wait for the court to make a judgment on the land ownership before dealing with it accordingly.
Legal basis: Article 22 of the Property Law of the People's Republic of China stipulates that "the acquisition, alteration, transfer and extinction of real rights shall be carried out in accordance with the form prescribed by law, and shall not be used against bona fide third parties without the form prescribed by law."
In other words, the acquisition of real rights must be in accordance with legal procedures, and real rights acquired without legal procedures are invalid. In this case, since the court has not yet made a judgment on the ownership of the land, and the ownership of the land has not yet been determined, the village cutting down the trees on the land without permission is invalid and illegal.
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How to apply for a land dispute case?
Article 13 of China's Land Management Law stipulates that the organs that deal with land disputes are the people's courts and the people's courts. Disputes arising from the division of rural responsibility fields, the planning and adjustment of homestead land and the demarcation of boundaries are disputes handled by the administrative department and should not fall under the jurisdiction of the courts. In case of such a situation, an application can be submitted to the local people's ** department to solve it.
There are two types of land disputes accepted by the courts: one is administrative cases and the other is civil cases.
There are several situations that belong to administrative cases: first, land use rights and ownership disputes caused by unclear land ownership and unclear boundaries can be negotiated on their own in accordance with the provisions of Article 13 of the Land Management Law of the People's Republic of China, and if they fail to do so, they can be handled by the people, and if they are not satisfied with the results of the people's decision, they can file a lawsuit with the court within 30 days of receiving the notice of the decision; Second, after the people have made a decision on the dispute over land ownership and use rights, if they are not satisfied with the result and do not apply for reconsideration within the statutory time limit, they can file an administrative lawsuit with the people's court; The third is the illegal occupation of land to build a house, must be dealt with by the competent authorities first, without approval or the use of deceptive means to obtain approval, illegal occupation of land (homestead), by the township people ** or local people at or above the county level ** or the local people at or above the county level ** land management department shall be subject to administrative punishment according to law, the parties are not satisfied with the administrative penalty decision, can file an administrative lawsuit with the court within 15 days from the date of receipt of the penalty decision notice.
Land disputes that are civil cases: first, land use rights disputes; second, land ownership disputes; (3) disputes over the assignment and transfer of land use rights; Fourth, disputes over land, exchange, and lease mortgage contracts. In addition, disputes over the ownership and use rights of forests and forest land, as well as disputes over the right to use homesteads, all belong to the scope of civil cases accepted by the court and should be filed in the civil division of the court.
Relevant evidence needs to be provided: After the occurrence of a land dispute, evidence should be searched and preserved in a timely manner, including land use right certificates, real estate certificates and various contracts. In addition, the historical use of the disputed land and homestead should also be provided.
Where infringement is involved, evidence of the infringer's specific infringement and the consequences caused by it shall also be submitted. If the dispute is handled by the relevant department, it should also be submitted to the department for its handling opinion.
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