Asking for help, our family s real estate has been forcibly occupied

If the house was built with the consent of the collective organization and the legal homestead certificate, then you are the legal owner of the house, regardless of whether the person who demolished your house intentionally or unintentionally, you have the right to claim compensation from him for the construction cost of the house at that time, and if there are other losses caused to you, you can also claim together. As for the village committee cadres who prevent you from rebuilding on the grounds of demolition, the village committee cadres should have sufficient evidence to prove that your land is within the scope of demolition and relocation, and if it does, the demolition unit or the relevant management department should pay you a reasonable compensation fee for demolition and relocation. The other 4 families don't have the right to build on your foundation.

It doesn't seem to work privately, you should file a civil lawsuit in advance. There seem to be a lot of disputes over land in rural areas.

From what you described, I think it should be that you are not a rural hukou, but a homestead bought in a rural area, if this is the case, I am unfortunate to tell you that your land sale contract is invalid;

Land in China's rural areas is collectively owned by all villagers. The land properties are not the same as those in towns, and the conditions of the transaction are also different.

According to the principle that a rural household can only have one homestead, homestead land is allowed to be bought and sold among peasant households in the same village, and no foreign transactions are allowed.

The contract of the foreign transaction of the homestead is invalid, and the rights and interests of the buyer and the seller are not protected by law.

Legal analysis: According to the law, forcibly occupying another person's house constitutes a crime, and the criminal law constitutes the crime of embezzlement, and the subject of this crime is a general subject, and any natural person who has reached the age of 16 and has the capacity for criminal responsibility can constitute this crime. The offence must be subjectively motivated by intent, i.e. unlawful possession of property, forgotten or buried property that is known to belong to another person for his safekeeping.

In civil law, it constitutes an infringement of property rights. If the parties fail to reach an agreement, they can go to court to file a lawsuit.

Legal basis: "Criminal Law of the People's Republic of China" Article 270: Whoever illegally takes possession of another person's property in custody for himself, and the amount is relatively large, and refuses to return it, is to be sentenced to up to two years imprisonment, short-term detention or a fine; where the amount is huge or there are other serious circumstances, a sentence of between two and five years imprisonment and a concurrent fine is to be given. Where the forgotten or buried items of others are illegally taken into their own possession, and the amount is relatively large, and they refuse to hand it over, punishment is to be given in accordance with the provisions of the preceding paragraph.

This crime shall be dealt with only if it is told.

Article 238 of the Civil Code of the People's Republic of China? Where a real right is infringed and damage is caused to the right holder, the right holder may request compensation for damages in accordance with law, and may also request to bear other civil liabilities in accordance with law.

[Legal Analysis].

If the house is occupied by someone who fails to negotiate a lawsuit, the court will generally rule in favor of the owner and the occupier will move out of the house. The problem here is that the other party accepts the judgment but still refuses to leave, so it is advisable to apply to the court for enforcement. Resolve disputes through negotiation with the other party.

File a lawsuit with the court in accordance with the law, demanding that the other party stop the infringement (move out of the occupied house) and compensate for the damages. Homestead land is the land that the state gives to rural villagers (peasants) to build houses and their ancillary buildings, and urban residents do not have the right to use the land. The ownership of the homestead land belongs to the peasant collective.

According to the relevant laws and regulations, the subject of the right to use the homestead is the rural residents, and persons other than the rural collective economic organization cannot apply for and obtain the right to use the homestead.

Legal basis] Criminal Law of the People's Republic of China" Article 245 Whoever illegally searches another person's body or residence, or illegally trespasses into another person's residence, is to be sentenced to up to three years imprisonment or short-term detention. Where judicial personnel abuse their authority and commit the crimes described in the preceding paragraph, they are to be given a heavier punishment.

Request the Bureau of Land and Resources to investigate and deal with it.

Article 2 and paragraph 3 of the Land Management Law stipulate: "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. “

Article 76 of the Land Management Law stipulates that those who illegally occupy land without approval or by fraudulent means to obtain approval by fraud:

By the people's land administrative departments at or above the county level ordered to return the illegally occupied land, in violation of the overall land use plan without authorization to change agricultural land to construction land.

Buildings and other facilities newly built on illegally occupied land shall be demolished within a specified period of time, and the land shall be restored to its original state, and those that conform to the overall land use plan shall be confiscated and the newly built buildings and other facilities on the illegally occupied land may be confiscated and a fine may be imposed concurrently.

Article 42 of the Regulations for the Implementation of the Land Management Law stipulates that if a fine is imposed in accordance with the provisions of Article 76 of the Land Management Law, the fine shall be less than 30 yuan per square meter of illegally occupied land.

Hello my land. Let others take over.

1. If you have just found out, you can first find the other party with all the certificates, explain the situation to the other party, and negotiate whether to return the house or obtain the corresponding compensation through sales and rent.

2. If you are a local or a local, it is recommended to go to the local neighborhood committee to understand the situation first, to see if it is rented and sold through them, and if not, you can ask for your own house through them.

3. If you have not effectively recovered your house, it is recommended that you contact a local lawyer or go to the court to complain and protect your rights with relevant certificates.

If there is no housing certificate, the relevant unit needs to issue a certificate, otherwise it is impossible to determine the owner of the land, and it is impossible to recover the land and obtain compensation.

When the rights and interests of wisdom are violated. Rights should be protected in a timely manner. You can call the police. In fact. Stop things from moving forward.

Summary. 3. If the possessor refuses to enforce the court judgment after winning the lawsuit, he can apply to the people's court for compulsory enforcement.

What should I do if my house is forcibly occupied?

Hello, I'm a consulting lawyer, and I'm happy to serve you

Hello, I am a partner lawyer of the platform and have received your question.

Hello. Hello, the measures to deal with the house being occupied by others are: 1. The illegal occupier can negotiate and ask the illegal occupier to relocate; 2. If the negotiation fails, a lawsuit may be filed with the people's court to demand that the illegal possessor return the original property and compensate for the loss.

3. If the possessor refuses to enforce the court judgment after winning the lawsuit, he can apply to the people's court for compulsory enforcement.

If your house has been occupied, you can negotiate with the illegal occupier to return it.

What should I do if my rural house is inhabited by my children's grandparents and is not given?

If he doesn't pay it back, you can file a lawsuit with the people's court to ask the illegal occupier to return your house.

Who owns this house? In whose name?

The name of the house is the name of the child's grandfather.

Isn't this house grandpa's?

The house where we got married.

Or is the house a joint property?

Why is the name of the wedding house grandpa's?

It was the countryside that got married, and we got married in this house at that time.

Is this house explicitly said to be a marriage room?

Right. Did your grandfather give it to you as a couple?

Generally speaking, the marital house is not equal to the property of the husband and wife. In other words, it does not mean that it is your husband's and wife's property.

If the ownership of the house belongs to the grandfather, then the house belongs to the grandfather. It's just that you live together.

If that's the case, you can't say it's your own house, because the ownership of the house is not on your side.

Moreover, it is normal for married couples in rural areas to live with their parents. It's normal to have occasional unpleasantness, but as long as you communicate properly, it's not a big problem if you can solve it well.

Moreover, the ownership of this immovable property is determined according to the owner of the real estate register.

According to Article 1062 of the Civil Code of the People's Republic of China, the following property acquired by husband and wife during the existence of their marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife: (1) wages, bonuses, and remuneration for labor services; (2) Income from production, operation and investment; (3) the proceeds of intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; (5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.

This is not the same pro.

If you still insist that the house is yours, you can go to the people's court to sue your grandparents and ask them to return the house to you.

Summary. Where the property of others in custody is illegally taken into one's own possession, and the amount is relatively large, and refuses to return it, a sentence of up to two years imprisonment, short-term detention, or a fine is to be given.

Legal basis: "Criminal Law of the People's Republic of China" Article 270: Whoever illegally takes possession of another person's property in custody for himself, and the amount is relatively large, and refuses to return it, is to be sentenced to up to two years imprisonment, short-term detention or a fine; where the amount is huge or there are other serious circumstances, a sentence of between two and five years imprisonment and a concurrent fine is to be given.

Where the property of others in custody is illegally taken into one's own possession, and the amount is relatively large, and the person refuses to hand it over, punishment is to be given in accordance with the provisions of the preceding paragraph.

This crime shall be dealt with only if it is told.

What should I do if my house is forcibly occupied?

Where the property of others is illegally taken into one's own possession, and the amount is relatively large, and the amount is refused, a sentence of up to two years imprisonment, short-term detention, or a fine is to be given. Legal basis: "Criminal Law of the People's Republic of China" Article 270: Where the property of others in custody is illegally taken into possession of oneself, and the amount is relatively large, and the amount is refused, a sentence of up to two years imprisonment, short-term detention, or a fine is to be given; where the amount involved is huge or there are other serious circumstances, a sentence of between two and five years imprisonment and a concurrent fine is to be given.

Where the property of others in custody is illegally taken into one's own possession, and the amount is relatively large, and the person refuses to hand it over, punishment is to be given in accordance with the provisions of the preceding paragraph. This crime shall be dealt with only if it is told.

Kiss you can go and sue him.

I sued the court and enforced the sticker, but I still didn't go.

The court will send someone to enforce the measures, and you can report the situation to the court again.