What should I do if someone encroaches on my land?

Where the land is encroached upon, the encroacher may be directly required to return the illegally occupied land; If the encroacher refuses to return it, he may sue in court to recover it.

If the land is encroached upon, you can file a complaint with the local land bureau to report the situation. Illegal occupation of land, by the people's ** land administrative departments at or above the county level shall be ordered to rectify or govern within a time limit, may be fined; where a crime is constituted, criminal responsibility is pursued in accordance with law.

As long as you can prove that the land is yours, you can first ask the village and the sub-district office to help mediate, and if the mediation is unsuccessful, you can keep the evidence and go to the court to sue.

If someone else encroaches on your land, if it is rural land, it is recommended to ask the village committee for adjustment, and if it fails, you can only sue in court.

How to report land seizureFirst, you can report to the township or county.

Second, you can call the local county magistrate** or mayor**.

Third, the matter can be disclosed to **.

1. Land encroachment by others can generally be dealt with in the following ways:

1) Remove obstacles. When others illegally obstruct the exercise of the rights of the land use rights holder, the land use right holder may request that the obstruction be removed;

2) Cease the infringement. The owner of the land use right has the right to request the person who encroaches on the land it uses to immediately stop the infringement;

3) Return of land. It shall be ordered to be returned to the owner of the land use right so that it can continue to be used;

4) Restore the land to its original state. The infringer shall restore the land to its original state so that the land use right holder can continue to use the land;

5) Compensation for damages. The owner of the land use right may request compensation from the infringer in accordance with the law to make up for its losses.

2. Legal basis: Article 267 of the Civil Code of the People's Republic of China.

The lawful property of private individuals is protected by law, and no organization or individual is prohibited from encroaching, looting, or destroying it.

2. What is the specific process for the transfer of land use rights?

The process of transferring land use rights is as follows:

1. When the parties to the transaction apply for transfer and transfer, the parties to the transaction shall also provide the transfer agreement, land use certificate, parcel boundary point map, building property right certificate, legal person qualification certificate, power of attorney, identity certificate and other materials;

2. Approval; 3. Sign the transfer contract;

4. Notarization, the transfer contract should be notarized.

Legal analysis: If the land is encroached upon, you can file a complaint with the local land bureau to reflect the situation. Illegal occupation of land, by the people's ** land administrative departments at or above the county level shall be ordered to rectify or govern within a time limit, may be fined; After being occupied, a civil lawsuit for infringement may also be filed with the court, and if a crime is constituted, criminal liability shall be investigated in accordance with law.

Legal basis: Article 2 of the Civil Code of the People's Republic of China regulates the personal and property relations between natural persons, legal persons and unincorporated organizations that are equal subjects.

Article 270 of the Criminal Law of the People's Republic of China: Where the property of others in custody 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; 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.

1. What should I do if the land is encroached upon?

1. If the land is encroached upon, the encroacher may be directly requested to return the illegally occupied land; If the encroacher refuses to return it, he may sue in court to recover it.

2.Legal basis: Article 267 of the Civil Code [Protection of Private Lawful Property] The lawful property of private individuals is protected by law, and any organization or individual is prohibited from encroaching, looting, or destroying it.

2. The contents of the complaint for the forcible occupation of land

1. The basic information of both parties (the original defendant). Include name, gender, age, ethnicity, place of employment, and address. In the case of an entity, the name and location of the unit and the name and position of the legal representative should be clearly stated.

2. The claims and the facts and reasons on which they are based. The so-called litigation claim refers to the issue to be resolved, for example, in this case, it can be written to request the court to order the defendant to stop the infringement, remove the obstruction, restore the original judgment, and how much to compensate.

3. Write down the evidence and evidence**, the names and addresses of the witnesses.

In addition to the above-mentioned contents, the name of the People's Court to which the complaint was submitted, the year, month, and date of the complaint, and the plaintiff's signature and seal should also be indicated. Copies corresponding to the number of defendants should also be provided (in addition to the original, one additional defendant is added, i.e. two copies for one defendant and three copies for two defendants).

The writing of the complaint should be skillful, and some issues should be paid attention to, such as imitation

First, to accurately determine the plaintiff and the defendant, the plaintiff and the defendant are not qualified and accurate, and they are facing the court's ruling to dismiss the lawsuit or claim, so they must not be careless.

Second: whether the defendant was omitted. If there are circumstances that can add co-defendants, be sure not to give up; In some cases, knowing that the listed co-defendants will not be held liable, coupled with the subtle effect of putting pressure on the other party and leading to settlement, often arises, and the number of defendants with a wide sail is as high as possible.

Third: the part of the litigation claim, pay attention to be specific and clear, do not omit the matters that can be requested, maximize the right to assert the state, will maximize the realization of the right, which also makes concessions for the court mediation to realize the right as soon as possible, leaving room for maneuver, the principle of filing a claim is that the more the better, as much as possible.

Fourth, the facts and reasons part should be concise, as long as the basic facts can be described, of course, this requires a certain amount of basic skills. The purpose of this is not to unduly reveal the facts on which one's claims are based.

In short, the pleadings are written professionally and operationally, and it is recommended that a lawyer write on their behalf.

1. Individual land use rights have been infringed.

Article 51: Where disputes arise due to land contracting and operation, the parties may resolve them through negotiation, or may request mediation by villagers' committees, township (town) people, etc. If the parties are unwilling to negotiate or mediate, or if the negotiation or mediation fails, they may apply to the rural land contract arbitration institution for arbitration, or they may directly file a lawsuit with the people's court. Article 52: Where a party is dissatisfied with an arbitral award made by a rural land contract arbitration institution, it may file a lawsuit with the people's court within 30 days of receiving the award.

If the lawsuit is not filed within the time limit, the ruling shall take legal effect. Article 53: Where any organization or individual infringes upon the contracting party's right to contract and operate land, it shall bear civil liability. Article 54: Where the contract-issuing party commits any of the following acts, it shall bear civil liability such as stopping the infringement, returning the original goods, restoring the original state, removing the obstruction, eliminating the danger, and compensating for losses

You can ask the villager to restore the land to its original state and compensate for the losses caused, or you can go directly to the court to sue for damages. **Generally do not intervene in such civil disputes.

2. Relevant supplements (term of land use rights).

Calculated from the time of acquisition of the land use right of the place. Newly built commercial housing is calculated from the time when the land use right of the land used for building the house is obtained; The starting time of the land use period of the property right of the house reform shall be calculated from the date of the first payment of the land transfer fee after the house on the land on the land participates in the housing reform. Term of land use right for various types of construction land:

The term of land use rights for residential land is 70 years; The term of land use rights for industrial, educational, cultural, sports, health and other land is 50 years; 40 years for commercial, tourism and entertainment land; 50 years for comprehensive or other land use.

The specific land use right depends on what kind of land is indicated in the "State-owned Land Transfer Agreement" or "Contract" of the land occupied by the house, and the term of the state-owned land use right. The concept of the service life of a building and the term of land use right is not exactly the same, and generally the actual life of land use right is less than or equal to the service life of a building or structure.

Example (1) Residential land: the developer may have purchased residential land from the land department in 2000, the term of land use right is 70 years, and the state-owned land transfer agreement or contract contract was signed in 2000, then the time of land use right is 2000-2070, but the developer due to various reasons, he did not start to build commercial housing until 2008, completed in 2009, and handed over the house in 2010, and handled the house ownership certificate, at this time in 2010, The land occupied by this house is still nominally 70 years old, but the actual land use right is valid from 2010 to 2070, which is only 60 years.

Hello, if the land is occupied without authorization, the villagers can file a lawsuit with the people's court.

See if there's a contract.

If there is a contract, look at the performance and breach of contract.

If there is no contract.

It depends on who the approval is given and what scope.

Take a coordination-based approach.

The relevant departments can be allowed to intervene to deal with it.

Harmony is precious.

For the act of forcibly occupying land, it can be dealt with through consultation, and the villagers' committees and township people's ** mediation is resolved, and the people's ** land administrative departments at or above the county level shall order them to return to the land illegally occupied. If the parties are unwilling to negotiate or mediate, or if the negotiation or mediation fails, they may apply to the arbitration institution in the jurisdiction for arbitration or file a lawsuit with the people's court, requesting that the buildings in violation of the overall land use plan be demolished and the land restored to its original state within a time limit.

1. How to terminate the land circulation contract.

Land circulation refers to the circulation of land use rights. The circulation of land use rights refers to the transfer of land operation rights by rural households with land contract management rights to other rural households or economic organizations, that is, the retention of contract rights and the transfer of use rights. The land transfer contract can be terminated by the following methods:

1. It can be resolved through negotiation between the two parties, and if the parties fail to negotiate and do not settle the file, they can request the villagers' committee and the township people's ** mediation;

2. If the parties are unwilling to negotiate or fail to mediate, they may apply to the rural land contract arbitration institution for arbitration, or they may directly file a lawsuit with the people's court.

2. What should I do if the area of the homestead exceeds the homestead household registration?

According to Article 77 of the "Land Management Law": Anyone who illegally occupies land without approval or by fraudulent means to obtain approval shall be ordered to return the illegally occupied land by the competent department of natural resources of the people's people at or above the county level, and if the agricultural land is changed to construction land without authorization in violation of the overall land use plan, the newly built buildings and other facilities on the illegally occupied land shall be demolished within a time limit, and the original state of the land shall be restored, and the newly built buildings and other facilities on the illegally occupied land shall be confiscated if they conform to the overall land use plan, which may also impose a fine; The directly responsible managers and other directly responsible personnel of units that illegally occupy land shall be punished in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law. If the amount of land is occupied in excess of the approved amount, the excess land shall be punished as illegal occupation of land.

3. How to claim compensation for damage caused by forced occupation of land.

Compensation for damage caused by forcible occupation of land can be claimed by multiplying the number of acres occupied, multiplying the annual output value by the compensation multiple. The parties may request the villagers' committees, township (town) people's mediation, or handed over to the people's ** land administrative departments at or above the county level to order corrections, confiscation of illegal gains and fines, negotiation, mediation failure can apply to the land arbitration institution for arbitration or to the people's court for prosecution, constituting a crime according to law to pursue criminal responsibility.

Article 14 of the Land Administration Law.

Disputes over land ownership and use rights shall be settled by the parties through negotiation; 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. If the parties are not satisfied with the disposition decision of the relevant people, they may file a lawsuit with the people's court within 30 days from the date 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.

If the land is encroached upon, you can file a complaint with the local land bureau to report the situation. Illegal hail to occupy the land, by the county level or above the people's ** land administrative departments ordered to rectify or rectify within a time limit, may be fined; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 342 of the Criminal Law stipulates that whoever violates land management laws and regulations by illegally occupying cultivated land, forest land and other agricultural land, changing the use of the occupied land, and the amount of land occupied is relatively large, resulting in a large amount of destruction of cultivated land, forest land and other agricultural land, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention Chunfan, and/or a fine.