Land disputes, what should I do? How to resolve land disputes

The most important thing in the eyes of farmers is land, because land is their life**, many times farmers often encounter rural land disputes, what should I do at this time? How can you protect your rights and interests?

In many cases, land disputes in rural areas are generally between collectives and individuals, and between individuals, some because the actual area does not match the approved area, and some because the ownership of the land is not clear.

Many farmers do not know how to deal with land disputes, so they come to tell everyone: first of all, they must negotiate with the parties to settle it, and it is necessary to negotiate according to the relevant laws and valid contracts, and if the individual negotiation cannot be resolved, then it is necessary to go through the village committee, generally this way is the most commonly used, please ask the township government to mediate, and finally reach an agreement. If neither of these two is possible, then if you want to apply for arbitration by the rural land arbitration institution, you can also file a lawsuit in the court.

Of course, the last way is the last thing we want to see.

Now that it is a society governed by the rule of law, farmers can also defend their rights, so when farmers encounter land disputes, they should not be afraid and actively defend their rights!

I have an acre of land, which was divided by the brigade last year, but I haven't planted it yet, and what should I do if I haven't given it to 、、、 so far

1. Disputes over land rights confirmation.

Disputes over land ownership confirmation shall be resolved through negotiation between the parties; If the negotiation fails, it shall 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 township-level **. Where a party is dissatisfied with the disposition decision of the relevant people**, it may initiate an administrative lawsuit with the person who made the disposition decision as the defendant within 30 days of receiving the notice of the disposition decision.

2. Land infringement disputes.

Land infringement disputes shall be settled through negotiation between the parties. Negotiation fails, can be carried out by the land administrative departments for administrative mediation. If a party is not satisfied with the administrative mediation, it may file a civil lawsuit with the other party as the defendant; The parties may also directly initiate a civil lawsuit without going through administrative mediation.

3. Land administrative disputes.

Land administrative disputes shall be handled in accordance with general administrative reconsideration and administrative litigation procedures.

Introduction: Nowadays, people have fewer and fewer disputes over land, after all, people used to be farmers, and every piece of land was regarded as a treasure. But even now, there will be some land disputes, so when facing land disputes, how to solve them fairly and justly?

In order to protect their own rights and interests? <>

1. Discussion in the river. Don't get angry, it's best to discuss the outcome in advance, and if you can solve the matter in the discussion, then it can be regarded as a very good way. Conduct reasonable communication and discussion to solve the problem correctly.

In this way, many conflicts and disputes can be avoided, and the relationship between neighbors and friends can be guaranteed, after all, the land can have disputes, most of which are adjacent areas. Moreover, there is no corresponding legal clarity on land disputes, and the regulations are difficult to say, and they are completely complete. At this time, you need to solve these things in the best way yourself.

Second, the introduction and solution of relevant departments. If there is no way to discuss and solve the problem, then it is necessary to take certain strong measures to solve it, such as making complaints and requests from relevant departments to let the personnel of these departments adjust and solve them for themselves, and through legal channels, let these departments play their responsibilities and help people explain the trivial matters in professional life more effectively. <>

3. Use legal means to protect their rights. When the relevant departments are unable to mediate, he will suggest that the parties confide in the law, so that they can use the law as a ** to protect their legal rights. This is indeed a good way to help some stubborn people, to protect their rights and interests, and the law is for this kind of situation.

There is a basis for settlement, and there is a legal basis that exists, which is much more effective than arguing there. Using the law to defend one's rights can reasonably resolve the unreasonableness of some people and prevent physical conflicts.

In fact, land disputes are easy to understand, which is the ownership dispute caused by the use rights and ownership rights of the land between the two parties, and this dispute is a land dispute. At present, the ownership of land in China is mainly divided into ownership and use rights. Disputes over land ownership and use rights mainly occur between the state and collectives, and between collectives and collectives.

The main expression between individuals and individuals is the dispute over the boundary of ownership and ownership.

The causes of land disputes are very complex, caused by historical factors as well as current factors. At present, the boundaries of many rural collective lands are left over from history, because they are too old to be verified in detail, and these problems cannot be solved for a long time.

Individual and collective land disputes are also relatively common, mainly including the ownership boundary of the homestead is not clear, the most important part of the rural land in addition to agricultural land is the homestead, and the construction of the rural homestead must be within the specified area and is not allowed to exceed. However, some individuals will exceed the prescribed range of the area of the homestead, and the excess part will be transformed into a land type that conforms to the collective land norms, so that there is a certain dispute between the collective and the collective.

There are also land disputes between individuals and individuals in collective land, and this situation is very complicated, including not only the ownership of homesteads, but also the contracting rights of agricultural land. If there is a dispute in the process of building the homestead, at this time, it is necessary to first find the source and find out the most favorable historical evidence, and in the case of insufficient evidence, you can ask the relevant departments to reconfirm the right and mediate between the two parties. If there is a dispute over the contracting right, mainly including the area of the land and the contractor of the land, it is also necessary for the relevant departments to review the contract, survey the land on the site, and finally give reasonable suggestions and solutions.

Disputes over land must be appealed to the courts, which will adjudicate them, and private individuals cannot resolve them.

Here's how you can fix it:

1. Settlement through negotiation: The parties can negotiate to resolve the land disputes and sign an agreement according to the results of the consultation.

2. Processing: If the parties fail to reach a successful negotiation, they can find the local government to resolve the dispute between the parties.

First of all, the matter can be freely negotiated by both parties, and the problem can be resolved through two people, and if the two people cannot solve it, the dispute can be resolved through the Land Management Law.

In the case of land disputes, they can go to the village committee to resolve them, and if the village committee is unable to resolve them, they can file an appeal to the court to resolve them.

What if the judiciary can't solve it.

There are four ways to resolve land disputes:

1. Negotiate and reach a consensus;

2. Mediation and settlement, requesting the villagers' committee and the township (town) people's ** to mediate and resolve, or requesting others or other organizations to mediate;

3. If the arbitration award is submitted to the local arbitration department for arbitration, and the parties refuse to perform the effective arbitral award after the arbitral award takes legal effect, the arbitration institution cannot enforce it, and both parties can only apply to the people's court for compulsory enforcement;

4. Withdrawal lawsuits.

The court will generally adhere to the principle of "mediation is the case, judgment is made when the judgment is made, mediation and judgment are combined, and the case is concluded", and make a judgment in a timely manner in cases that cannot be mediated.

Legal basis: Article 16 of the Land Management Law stipulates that disputes over land ownership and use rights shall be settled by the parties through negotiation;

If the negotiation fails, it shall 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 the 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.

Which department to settle the land dispute with?

In principle, the issue of fraternal land disputes is a general civil dispute. For land disputes between brothers, if they can be resolved through negotiation, try to resolve them through negotiation, and if the negotiation between brothers is invalid, they can find the following departments to deal with them according to law:

1. The village committee or the town, township, or county land management department mediates;

Second, you can find the land management department to confirm the right to apply early;

3. A lawsuit may be filed with the court;

Fourth, other departments.

Disputes between the parties over land ownership and use rights and other issues related to the ownership of land. Specifically, it means that two or more units or individuals claim ownership of the same piece of land that has not been confirmed at the same time, and it is difficult to resolve the contradiction of land ownership according to the reasons of all parties.

Which department to go to for the settlement of rural land disputes?

Rural land disputes shall be handled by the people's ** department.

According to the provisions of China's Land Management Law, disputes over land ownership and use rights shall be resolved through negotiation between the parties; If the negotiation fails, it shall 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.

The law is based on the law.

Legal analysis: According to the relevant laws and regulations of China, the way to deal with land disputes is as follows: the two parties can negotiate first, and if the negotiation fails, they can find the land management department to solve it; If the situation cannot be resolved, a civil lawsuit may be filed in the people's court.

Legal basis: Article 3 of the Civil Procedure Law of the People's Republic of China.

The provisions of this Law apply to the people's courts' acceptance of civil lawsuits brought by citizens, legal persons, other organizations, and between them on the basis of property and personal relationships.

Article 67 of the Land Management Law of the People's Republic of China.

The competent departments of natural resources of the people's ** at or above the county level shall supervise and inspect violations of land management laws and regulations. Where the competent departments of agriculture and rural affairs of the people's governments at or above the county level conduct supervision and inspection of violations of laws and regulations on the management of rural homesteads, the provisions of this law on supervision and inspection by the competent departments of natural resources shall apply. Land management supervision and inspection personnel shall be familiar with land management laws and regulations, loyal to their duties, impartial law enforcement.

Article 68.

When performing their duties of supervision and inspection, the competent departments of natural resources of the people's ** at or above the county level have the right to take the following measures: (1) Require the units or individuals subject to the cracked key inspection to provide documents and materials related to land rights for inspection or reproduction; (2) Require the inspected unit or individual to make an explanation on issues related to land rights; (3) Entering the site of the land illegally occupied by the inspected unit or individual to conduct surveys; (D) order illegal occupation of land units or individuals to stop violating land management laws and regulations.

Article 69.

Land management supervision and inspection personnel performing their duties, need to enter the site for surveying, require relevant units or individuals to provide documents, materials and explanations, shall present land management supervision and inspection certificates.

Article 70. Relevant units and individuals shall support and cooperate with the supervision and inspection of the competent departments of natural resources at or above the county level on land violations, and provide work facilitation, and shall not refuse and hinder the performance of duties by land management supervision and inspection personnel in accordance with the law.