The land exchange contract does not allow my family to raise livestock

The words have been signed, and they must do what the agreement says, which is the last word!

If you can find time to negotiate together, remember to have a good attitude.

Article 32 of the Law of the People's Republic of China on Rural Land Contracting stipulates that the right to contract and operate land obtained through household contracting may be transferred by subcontracting, leasing, swapping, transferring or other means in accordance with the law. In order to facilitate cultivation and meet their own needs, they may exchange land contracts with peasant households within the rural collective economic organizations, but they must sign an exchange agreement. Since the two parties have agreed on a swap agreement, and a certain condition that restricts the other party is a condition of the swap, which is a restriction on a certain right of you, but your family also accepts it, then the swap agreement is valid.

It is legally recognized, but the agreement can be supplemented and amended through negotiation.

I believe that not allowing pollution and raising livestock and poultry is not to restrict life and production, but to limit the harm to neighbors in life and production.

If it were me, I would discuss whether I could amend or sign a supplementary agreement to allow me to raise a small number of livestock and poultry for my own use, and I would promise to dispose of manure, sewage, odor and other things that might damage the rights and interests of my neighbors, so that the other party would not suffer any damage. I believe that the other party can agree.

It can be regarded as the transfer of land use rights, the secondary market transaction, the land bureau to go through the change procedures, buy and sell the soil, and make a soil valuation in advance.

General town soil.

Rural soil collective soil.

Do everything before thinking twice, do not turn things upside down, on the one hand, it will make the masses distrust, and on the other hand, it may become an irrevocable act in law.

Rural Land in the People's Republic of China.

DU Contracting Law Interpretation zhi

and Article 32 of the Guide......

Interchange is a rural set.

In order to facilitate cultivation and their own needs, the peasant households within the Hui economic organization exchange their respective land contract management rights. Swap is a kind of reciprocal contract, after the exchange, both parties to the exchange obtain the other party's land contracting and management rights, and lose their original land contracting and management rights. After the two farmers reach a swap contract, they should also change the original land contract with the employer.

Article 40 of this Law stipulates: "Contracting parties may exchange land contracting and management rights for land belonging to the same collective economic organization for the convenience of cultivation or their own needs. ”

1. Whether you and the other party are the same village, and in accordance with the above provisions, each and the village will terminate the original contract and sign a new contract.

2. Does your agreement involve this article?

3. If the formalities are not handled in accordance with the first method, and this article is not involved in the agreement, it can only be negotiated now.

A rural contracted land exchange agreement is valid if it complies with the provisions of the Land Contract Law of the People's Republic of China.

The land contractor after the exchange (i.e. the actual land contractor) receives land compensation

You're asking three questions:

1. Cultivated land replacement, which must be handled by the collective economic organization, must be recorded;

2. Accept the contract, this is very simple, as long as it is indicated, the clear geographical location, area, (and possibly coordinates) of the two pieces of land should be available in your collective economic organization.

3. The replaced land cannot be used as a homestead to build a house.

Those who meet one of the following conditions can apply for homestead.

1. Rural villagers do not have homesteads.

2. In rural households, except for one child left by the parents, other adult children really need to set up a separate homestead, and the homestead is lower than the standard for household division.

3. Retired, retired, retired cadres and workers, retired soldiers, overseas Chinese and compatriots from Hong Kong, Macao and Taiwan who have returned to their hometowns to settle down need to build houses but do not have homesteads.

4. The original homestead affects the construction planning of villages and towns, and it is necessary to recover the homestead but there is no homestead.

2. Procedures for the examination and approval of farmers' homesteads.

Rural villagers who meet the conditions for applying for homestead land shall apply to the collective, which shall be discussed and approved by the villagers' representative meeting or villagers' meeting, and shall be submitted by the villagers' committee to the township people's ** for review and approval, and then submitted to the county-level people** for approval.

3. Procedures for land registration.

1. Application for land registration; 2. Cadastral survey; 3. Ownership review; 4. Registration; 5. Issuance or replacement of certificates.

For details, please consult the Land and Resources Bureau of your district.

How to write the land swap agreement: First of all, the title is, the land swap agreement. Then write down the name of the person who exchanged the land.

The sample text is as follows:

After equal negotiation between Party A and Party B, Party B agrees to transfer (land) to Party A as a homestead, and the terms of the agreement are as follows:

1. Party B agrees to transfer (land) (land) (how many) square meters of barren slope land to Party A for homestead use, and the four sites are: east, west, south, and north. Party A will transfer the square meter of the place to Party B for permanent use, and the four addresses are:

East to, West to, South to, North to.

2. After the two parties sign the agreement, they shall not repentance for any reason, and if there is a breach of contract, all the consequences of the breach shall be borne by the breaching party.

3. In the process of use, if Party A has any land disputes, Party B shall be responsible for mediation.

4. In the process of use, if Party B has a land dispute, Party A shall be responsible for mediation.

5. This Agreement shall be executed in duplicate, one copy for each Party A and Party B.

6. This Agreement shall come into force on the date of conclusion and shall be complied with by both parties.

Party A: Party B: Attendees:

Opinion of the group leader: Opinion of the village committee: (official seal).

This Agreement is entered into herein.

When writing a land swap agreement, it is mainly necessary to clearly write the geographical location of the land to be exchanged, as well as the boundary line and area. It is necessary to have the seal of the natural village and the seal of the village committee. If it is cultivated land and has a contract certificate, it is necessary to go to the ** department for the record to renew the land contract certificate.

The following is a sample of the land swap agreement:

Hereinafter referred to as Party A.

Hereinafter referred to as Party B.

In accordance with the provisions of Articles 32, 33 and 37 of the Rural Land Contract Law of the People's Republic of China and relevant laws, regulations and policies, Party A and Party B have reached the following agreement on the issue of land swap after consultation:

1. Party A is willing to exchange the area of mu with the area of Party B's mu.

2. After the land exchange, the two parties will not make economic compensation.

3. The term of the swap shall be from XX-XX-XX to XX-XX-XX (Note: based on the national policy on the number of years of self-reserved land).

4. After the exchange, if the state expropriates the land of one party, the land user after the exchange shall enjoy the resettlement compensation for the expropriation, and the original contract with the village shall be terminated, and the party that has not been expropriated shall sign a new contract with the village.

5. After the exchange, if one party changes the nature of land use, the party that changes the nature of land use shall go through the relevant formalities with the relevant departments prescribed by the state, and the other party may permanently enjoy the land use rights after the exchange (except for those that cannot be enjoyed by the state).

6. After the land swap agreement is signed, it shall be reported to the village committee for the record.

7. This agreement shall be made in triplicate, with one copy for each party A and B and one copy for reporting to the village committee.

Party A (Signed):

Date of year, month and day of Party B (signed):

If it is a land swap, and it has been fulfilled, then it cannot be exchanged back. The verbal agreement you are talking about cannot be established because the other party does not recognize it.