What laws should be applied to enterprises borrowing people s land for walking?

A neighbouring right is a right to use or restrict [adjacent] immovable property for the purpose of cheapening the use of one's own immovable property. The basic content includes the use of one's own real estate as cheap as necessary or necessary, and the use of adjacent real estate, such as adjacent passage, laying pipelines, etc.

If two pieces of land are adjacent, in order to meet the most basic and necessary needs, one party can reasonably use the other party's land according to the adjacency relationship, and the use at this time is statutory and gratuitous.

If the two plots of land are not adjacent, or are not based on a necessary requirement (e.g., there are obvious other ways to go), when one party needs to use the land of the other party, a contract must be established, and the use in this case is a voluntary agreement between the parties, which can be paid or free.

For detailed legal analysis, please refer to the encyclopedia "neighboring rights" and "easements", which will not be copied here.

1. The right to distribute compensation for the expropriation of homestead land belongs to the village collective, and does not belong to the individual unless the village collective agrees to distribute it to an individual.

2. Homesteads refer to the land owned by the collective owned by rural peasant households or individuals who use it as a residential base. There are three types of land: land on which houses have been built, houses have been built or decided to be used for the construction of houses, land on which houses have been built, land on which houses have been built but no longer have a superstructure or cannot be inhabited, and land that is planned to be used for building houses. The ownership of the homestead belongs to the rural collective economic organization.

3. According to Article 152 of the Property Law, the owner of the homestead land has the right to occupy and use the land owned by the collective in accordance with the law, and has the right to use the land to build residential buildings and ancillary facilities in accordance with the law. The acquisition, exercise and transfer of the right to use homestead land shall be governed by the Land Management Law and relevant provisions of the State.

1. Homesteads can only be circulated within the village collective. According to the Land Management Law, a homestead is not a property in the true sense of the word, but only a right of use, and the ownership belongs to the village collective. Homesteads can neither be bought nor sold nor inherited, but they can be circulated within the village collective, and certificates shall be issued with the approval of the land management department in accordance with the law

2. Due to the implementation of the dual system of urban and rural areas in China, more and more people are "turning from agriculture to non-farming" in the wave of urbanization. No matter what the reason, once the hukou is transferred, the inheritance right to the homestead of the hometown is lost, and it cannot be bought back, so you can only watch the "ancestral home" become the asset of the village collective.

3. Due to the correspondence between rural hukou and land, some people are reluctant to "turn agriculture into non-farming", and even some of them are not willing to "turn agriculture into non-farming".Civil servantsWe are trying to find ways to "non-farming", but these are a minority after all, and "going to the city" is the general trend. Therefore, from the perspective of specific families, if the relevant regulations do not change, the homestead is destined to be lost.

4. Land allocated by rural collective economic organizations to peasant households for the construction of houses and small courtyards in order to ensure their living needs. It is used for the construction of housing, auxiliary rooms (kitchens, warehouses, toilets), courtyards, biogas digesters, livestock houses, firewood and grass stacking, etc. Peasant households only have the right to use and are not allowed to buy, sell, lease or illegally transfer.

The land used by peasant households for the construction of houses and small courtyards shall not exceed the standards set by provinces, autonomous regions, and municipalities directly under the Central Government.

Of course, you have to pay for land acquisition, and if you only have one homestead, you can apply for a homestead.

2. Land Management Law of the People's Republic of China Article 37 Any unit or individual is prohibited from idle, barren farmland. Where cultivated land occupied by non-agricultural construction that has gone through the examination and approval formalities and is not used within one year but can be cultivated and harvested, the collective or individual that originally cultivated the cultivated land shall resume cultivation, and the land-using unit may also organize cultivation; If the construction has not started for more than one year, the idle fee shall be paid in accordance with the provisions of the province, autonomous region and municipality directly under the Central Government; If it has not been used for two consecutive years, with the approval of the original approval authority, the land use right of the land-using unit shall be recovered by the people at or above the county level without compensation; If the land was originally owned by a peasant collective, it shall be handed over to the original rural collective economic organization for resumption of cultivation.

Once the contract is concluded, both parties should strictly abide by the contract and consciously perform their obligations, according to what you said, the original contract shall prevail, the actual land acquisition area shall be deducted, and the remaining contract shall continue to be contracted until the expiration, and the change shall be agreed by both parties through negotiation, otherwise it can be regarded as a breach of contract. According to the principle of equality, the premise of agreeing to partial recovery is that after compensating for the loss of seedlings, the contract fee and the previous input compensation necessary for the maintenance of land fertility will be deducted in proportion to the total area to the actual area recovered. If the contract dispute cannot be negotiated and the continued performance of the contract is affected, it may apply to the land contract arbitration institution for arbitration or resolve it through litigation.

Only after the collective land is converted into state-owned land can bidding, auction and listing be carried out. The county-level people's ** is the land expropriation organ, and before the land is expropriated, the county-level people's ** shall announce the scope, area, use and compensation standard of the expropriated land. Without the knowledge of the peasants, if the land is expropriated, the village committee, the township-level people, the land and resources bureau, and the county-level people have unshirkable responsibilities.

If such an incident occurs, you can go to the land administrative department of the people at the next higher level and the people at the next higher level to complain.

The peasants' right to contract and manage land is protected by law, and village cadres have no right to forcibly expropriate, so you can go to the town party committee and district discipline inspection committee to complain, and if it is invalid, go to the court to sue the town ** and the village committee.

No one can expropriate the country's basic farmland, not compulsory expropriation. That is to say, the state's basic farmland is not allowed to go through land acquisition and construction procedures, otherwise it is illegal, and ordinary land can generally be expropriated.

Land Administration Act

Chapter 5 Construction Land.

Article 43 Any unit or individual that needs to use land for construction must apply for the use of state-owned land in accordance with the law; However, the establishment of township enterprises and the construction of residential houses by villagers shall be approved in accordance with law to use the land owned by the peasant collectives of the collective economic organization, or the construction of public facilities and public welfare undertakings in townships (towns) and villages shall be approved to use the land owned by the peasant collectives in accordance with the law.

The state-owned land used in accordance with law as used in the preceding paragraph includes land owned by the state and land expropriated by the state that originally belonged to peasant collectives.