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Land Law Article 62 A rural villager household may only own one homestead land, and the area of the homestead must not exceed the standard prescribed by the province, autonomous region, or municipality directly under the Central Government.
Rural villagers building houses shall conform to the overall land use plan of the township (town), and use the original homestead land and vacant land in the village as much as possible.
The residential land of rural villagers shall be reviewed by the people of the township (town) and approved by the people at the county level; 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 or rent their houses and then apply for homestead land are not to be approved.
The homestead is approved by the county ** and has nothing to do with inheritance. Note that family continuity is not the same as family change.
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This is a dispute over land use rights, and in the case of failure to negotiate, it should first apply to the township (town 62616964757a686964616fe59b9ee7ad9431333366303832) or the county-level people** for processing, and if the people's ** is not satisfied with the handling decision, they can apply for administrative reconsideration or file a lawsuit with the people's court. If there is no dispute over ownership, you can sue directly for restitution.
In accordance with the Land Administration Act
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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If a rural homestead is occupied by a neighbor, the villagers' committee may be invited to mediate. If the mediation cannot be resolved, you can go to the court to sue for a special lawsuit, demanding that the infringement be stopped and the obstruction removed.
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Go straight to the local town** and go with the camera!
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Dear, you can file a lawsuit. As long as you have evidence of the title deed and occupancy.
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Answer: The fact that the old rural homestead is surrounded by roads on all sides is good, and it should be possible to change the gate to face east.
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Of course, it's your own, and it will be handled soon, don't worry.
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If the land is your own, then of course the house is.
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It should be you who have inherited the inheritance of your ancestors. However, it will have to wait for the policy to be perfected in the future.
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If the house in the countryside has a homestead certificate, if it is not, it can be opened in the village.
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Houses cannot be built, and the old homesteads are repossessed by the collective.
Article 62 of the Land Management Law stipulates that a rural villager household can only own one homestead, and the area of the homestead shall not exceed the standard set by the province, autonomous region or municipality directly under the Central Government. Therefore, when building a new house, the new house can only be built on the basis of demolishing the old house, so as to ensure that it is one house per household.
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It is necessary to apply to the relevant departments of the township and township, and then implement it according to the content of the application after the application is approved. If you don't let the house be built after demolishing it without authorization, you will lose a lot. Don't forget to apply first. Good luck.
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The old house had to be demolished.
Taking Qujing in Yunnan Province as an example, the implementation plan stipulates that every four people are a household, parents and children must enjoy it together, and the old house must be allocated to the children. If the area of the old house is less than 100 square meters, the difference is one square meter, and the collective will be paid 80 square meters; For the excess area, the collective subsidy is 80 yuan square meters for farmers;
All obstacles in the old village must be removed and handed over to the collective for unified planning, and if there is no old house to be demolished, each household shall pay 20,000 yuan to the collective to arrange the construction of houses. Temporary houses erected without a license must be demolished by themselves, and the collective will not make any compensation. For old houses with retained value, the peasant households voluntarily give up the ownership of the houses and hand them over to the collective ownership by means of the house ownership certificate and the witness of the judicial department.
The Land Management Law stipulates that a rural villager household can only own one homestead land, and the area of the homestead must not exceed the standard set by the province, autonomous region or municipality directly under the Central Government. Therefore, if peasants want to build houses in rural areas, they must meet the principle of one house per household.
The homestead and house certificate can prove that the homestead and the ownership of the house belong to the applicant, which is the premise of approval, if the farmer does not have these two certificates, he can also submit the certificate of membership of the rural collective economic organization where his house is located.
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If you don't have a hukou, the house is yours. It can be rebuilt, it can be sold. Compensation can be obtained in the event of demolition.
Your parents' house will still be yours after a hundred years and will not be demolished. Because the homestead cannot be inherited, but the house built on the homestead can be inherited.
Citizens with urban hukou are also subject to land law restrictions when inheriting rural houses. Urban citizens can only inherit houses on rural homesteads, and cannot inherit the homestead that supports them.
According to the above-mentioned Land Management Law and relevant laws and regulations, homestead land is a collective construction land for the construction of residential buildings enjoyed by farmers based on their membership in collective economic organizations, and farmers can obtain it without paying any land fees. However, the houses built on the homestead are the personal property of the citizens and can be inherited.
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If the house is still there, it can be rebuilt, and the state stipulates that the homestead cannot be inherited, but the house built on the homestead can be inherited.
Further information: Article 147 of the Property Law stipulates that "where a building, structure and its ancillary facilities are transferred, exchanged, contributed or donated, the right to use the construction land within the scope occupied by the building, structure and its ancillary facilities shall be disposed of together". This is the concrete embodiment of the principle of "integration of premises and land" stipulated in China's laws.
In recent years, citizens' awareness of property has been continuously enhanced, and after urban residents inherit houses on rural homesteads in accordance with the law, they have asked the land departments to transfer the inherited houses to their own names in accordance with this provision of the Property Law.
Homestead tenure, on the other hand, is based on collective land ownership. According to Article 6 of the Land Administration Law, the land in urban areas belongs to the whole people, i.e., the State. Land in rural areas and on the outskirts of cities is collectively owned, except as provided for by law, which is owned by the State; Homesteads, self-cultivated land, and self-cultivated mountains belong to collective ownership.
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I don't have a rural hukou, do you want to go back to my hometown to build a house now?
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1. One household has more than one house, and the homestead is built indiscriminately.
The confirmation of land rights is carried out according to the principle of one house per household, and the more homestead land will be redistributed, but the distribution of benefits involved in it may also hinder the process. But the homestead that illegally occupies the land is sure to be a**.
2. Abandoned homesteads.
After the peasants went to the city to buy houses, the houses in the rural areas were idle for a long time, and because they were uninhabited for a long time, the houses were not maintained and renovated. Houses are prone to decay and collapse, which is what we call a dilapidated house. If so, the house will be treated and the hidden danger will be eliminated.
3. Homesteads that no one inherits.
There is a kind of elderly people in rural areas, who have no children and no daughters, and they have no one to rely on, and they are the five-guarantee households. Before their deaths, they were supported by the state, and if they had the ability to take care of themselves, the state would distribute living expenses and living materials on a monthly basis, and when they were older, they would go to nursing homes to enjoy their old age. When they died, their estate had no heirs, so their houses were repossessed and redistributed by the village collective.
The following cases cannot be clamed:
1. Random selection of addresses. Renovation and reconstruction, I am afraid that you have changed the place, or occupy more space, generally this management is particularly strict, the approval of the **is**, can not change the location, can not be built in the place that can not be built, such as cultivated land is not allowed.
2. The construction exceeds the standard. Renovation and rebuilding of the house can not exceed the homestead standard, less occupy no one cares about you, more occupation is definitely not allowed, although it is possible that no one will look for you for the time being, it is difficult to say in the future.
3. Private construction. Although you are generally not required to find a professional construction team to build, but once the number of floors is exceeded, you must designate the construction party, after all, if you want to build a grassroots high-rise building, you must be professionally designed, in case you have an accident, then everyone is in trouble. Although many houses that have stood for many years are also built privately, after all, there is no guarantee, and no one is responsible for accidents.
4. No authority. Some people have already moved out of their hukou and do not belong to the village collective, so they do not have the authority to flip the cover. or those who have lost all kinds of rights to the homestead due to other circumstances have no right to flip the cover.
5. Conflicts with neighbors due to flip covers or unclear ownership of their own houses. For example, if there are two brothers in a family, after the death of their parents, there is no clear will on the homestead, and both of them have the right to inherit, so one of them cannot be flipped at will.
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If you renovate an old house, you don't have to pay any taxes, and I don't have to pay anything there.
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