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Land cannot be bought or sold after the land title is confirmed, and the rural collective land cannot be bought and sold freely after the title is confirmed, but the contract right can be inherited after the land title is confirmed. 1. China's rural land has always been collectively owned by villagers, and land rights will only be confirmed to villages, and there will be no private land. Individuals can only have the right to contract.
2. Land owned by rural collectives cannot be bought and sold, and can only be requisitioned by the state, and then the state will transfer the right to use it. The state has a plan for requisitioning land, and it is necessary to maintain a red line for cultivated land, not to let him expropriate it. Therefore, in theory, rural collective land cannot be transferred.
3. The right to contract can be inherited. If the children do not settle down in the village, then whether the children are allowed to contract must be discussed and agreed by the village. If you have a large amount of input in the contracted land, then if the village takes it back, you will have to pay compensation.
The purpose of confirming the registration and issuing certificates is to clarify property rights and protect the property rights and interests of farmers. Rural homestead land can be transferred within the collective economic organization, but if you want to sell it to people outside the collective economic organization, that is not allowed. If the homestead can be sold to anyone in the society, it is a commercial house, and the nature of the land changes.
The reason why small property ownership is illegal is because it does not conform to the plan and has nothing to do with ownership. Related knowledge extended reading: Rural Collective Land Ownership Confirmation Registration and Issuance of Rural Collective Land Ownership Confirmation Registration and Issuance is the registration and issuance of land rights such as rural collective land ownership and collective land use rights.
Rural collective land use rights include the right to use homestead land and the right to use collective construction land. The registration and issuance of certificates for the confirmation of ownership of rural collective land shall cover all collective land within the scope of rural areas, including construction land, agricultural land, and unused land owned by peasant collectives, and shall not be omitted. 1. Confirmation of rights refers to the confirmation of rights, which is your current status of rights.
At present, the work of confirming rural land rights refers to the confirmation of rural collective ownership and homestead land use rights. 2. The purpose of confirming the right is to clarify the property rights and prevent land ownership disputes caused by the imperfection of the registration system. The next step may be to promote the circulation of rural collective contract management rights and homestead use rights.
3. Confirmation of rights is only a means, which is the confirmation of the rights that you have now. The existing policy has made it clear that the right to contract and manage land can be inherited and transferred. This is recommended by Lin Feiyan, an expert in cultural and artistic classification.
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Originally, it was not possible to take it out. It can only be rented out.
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In rural land, land contracted by household contracts may be transferred in accordance with the law, and one of the forms of transfer is transfer. However, there are many policy restrictions on the transfer of rural land, first of all, both parties to the transfer must belong to a unified collective organization, and the transfer needs to be approved by the employer.
It must be noted that after the land transfer, you will lose the right to contract and operate the land, and the employer will sign a new contract with the person receiving the transfer, so please be sure to think carefully before signing the land transfer agreement.
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Yes, there are a lot of procedures.
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It is permissible to copy the management right, and the agricultural use of the contracted land shall not be changed, and the transferee shall have the ability to operate in agriculture. The contracting party's lawful acquisition of rural land contracting and management rights may be transferred by subcontracting, leasing, swapping, transferring, or other methods that comply with relevant laws and state policies. Article 3 of the Measures for the Administration of the Circulation of Rural Land Contracting and Management Rights.
The circulation of rural land contract management rights must not change the agricultural use of the contracted land, and the period of circulation must not exceed the remaining period of the contract period, and must not harm the lawful rights and interests of stakeholders and rural collective economic organizations. Article 15.
The contracting party's lawful acquisition of rural land contracting and management rights may be transferred by subcontracting, leasing, swapping, transferring, or other methods that comply with relevant laws and state policies.
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No. Paragraph 3 of Article 2 of the Land Administration Law clearly stipulates that no unit or individual may occupy, buy or sell or illegally transfer land in other forms. Land use rights may be transferred in accordance with law.
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1. Land right confirmation refers to the confirmation and determination of land ownership, land use rights and other rights, referred to as right confirmation. It is to determine the ownership of land (or a parcel of land) within a certain scope and the subordination of the right to use and the content of other rights in accordance with the provisions of laws and policies. Taking contracted land as an example, the contracting party only enjoys the right to contract and operate, and the ownership belongs to the peasant collective economic organization, and it will not change after the right is confirmed.
2. After the land ownership is confirmed, China's land is still divided into two types: owned by the state and owned by peasant collectives, and individuals have no ownership, so they cannot be bought and sold, nor can they be inherited, nor does it mean that it has remained unchanged.
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1. The ownership of land is state-owned and collective. The peasants only have the right to operate and use the land. It can be transferred during the contract period, and it can also be transferred.
2. The state's policy of benefiting farmers is increasing year by year.
The contract period of years is prescribed by law. Unless the law changes. There is no concept of inheritance in the average household contract land, and the land is contracted on a household basis. The conditions for repossession of land are: 1, the entire household dies out, 2, the whole household moves into a city divided into districts, 3, and voluntarily surrenders.
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1. Land ownership is divided into state-owned and collective-owned, collective-owned land: the ownership of homesteads belongs to the collective, and farmers only have the right to use; Contracted land: The ownership belongs to the collective, and the farmer is the contracting right.
2. After the contracted land is contracted, the farmers can also carry out circulation in accordance with the law.
3. According to the relevant provisions of the Land Contract Law, the contracted land will remain unchanged for 30 years and will not be adjusted in general.
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In rural areas, the "separation of three rights" is practiced, with collective ownership and the masses only having the right to operate and contract.
The Contract Law stipulates that the transfer of rural land ownership in the form of sale and purchase is strictly prohibited, and peasants voluntarily give up their management rights and contracting rights, and the land is naturally owned by the village collective. Therefore, only the right to operate can be transferred, and the ownership and contracting rights cannot be transferred.
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The land rights of each parcel of land need to go through land registration procedures such as land registration application, cadastral survey, verification of ownership, registration, and issuance of land certificate before it can be finally confirmed and determined. The narrow meaning of confirmation of rights refers to the confirmation of the nature of land ownership and ownership in the ownership review stage of the land registration process. According to the relevant provisions on the confirmation and determination of land ownership, land use rights and other rights in China and the requirements of current land management practice, the confirmation of rights is also one of the important responsibilities of the people at all levels, including formulating and improving laws and regulations and policies on determining land ownership, handling land ownership disputes, and handling the registration of land ownership and the issuance of certificates.
The principles for determining land ownership include the principle of law, the principle of giving full consideration to the historical background, and the principle of one-way flow of land ownership.
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No, it is illegal to buy or sell land.
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First in accordance with the law, fair and timely to do a good job in the investigation and handling of land ownership disputes, to protect the legitimate rights and interests of the parties, to maintain the socialist public ownership of land, in accordance with the People's Republic of China land management law, these measures are formulated.
Article land ownership disputes in these measures refer to disputes over land ownership or use rights.
Third investigation and handling of land ownership disputes, should be based on laws, regulations and land management rules. Proceed from reality, respect history, and face reality.
Fourth administrative departments of land and resources at or above the county level are responsible for the investigation and mediation of land ownership disputes (hereinafter referred to as dispute cases); Where it is necessary to make a disposition decision in accordance with law, draft a disposition opinion and report it to the people at the same level to make a disposition decision.
Administrative departments of land and resources at or above the county level may designate specialized agencies or personnel responsible for handling matters related to dispute cases.
Fifth between individuals, between individuals and units, between units and units of disputes, by the disputed land is located at the county level land and resources administrative departments to investigate and deal with.
Disputes between individuals or between individuals and units as provided for in the preceding paragraph may be accepted and handled by the township-level people** on the basis of the application of the parties.
Nineth parties to land ownership disputes, after consultation can not be resolved, may be lawfully to the people at or above the county level ** or township level ** to apply for processing, can also be in accordance with these measures.
Five, sixth, seventh, eighth provisions, to the relevant administrative departments of land and resources to submit an application for investigation and processing.
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My land was confirmed by several families. What to do.
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What are the procedures for land transfer?
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