How to deal with house wall disputes? Rural house sharing wall disputes

How to deal with house wall disputes? First of all, it can be resolved through negotiation, and if no consensus can be reached, it can only be resolved through legal means.

In the event of a dispute, they are all neighbors at the same time, it is recommended to take a step back and open the sky and not to make the relationship too tense, and it is a blessing to suffer losses. Then the two parties will negotiate according to the problem. If the negotiation fails, mediation will be conducted through the village committee.

If mediation still fails to reach a consensus, then the conflict can only be further escalated and the court can be sued. Based on the principle of fairness and impartiality, the court conducted preliminary mediation of the matter. In the event of disagreement, the verdict was finally pronounced.

The outcome may be unsatisfactory for both parties. Therefore, the best way to resolve the conflict is still through consultation between the two sides.

It is advisable to negotiate with your neighbors. A common wall is one that is jointly owned by two adjacent parties or owned by one party and shared by both parties. The main contents of the right to adjacency of the common wall are:

1. The use of the common wall by the adjacent parties shall not hinder or damage the legitimate rights and interests of the adjacent parties, and one party shall not use the common wall in an act that may endanger the personal and property safety of the adjacent parties; 2. If the adjacent party needs to relocate, it is generally not allowed to dismantle or remove the common wall; If the party that is required to demolish it has ownership of the common wall, the common wall should generally be retained and reasonably compensated by the adjacent party at a discount; 3. The maintenance and renovation of the common wall should generally be negotiated by both parties, and reasonable contributions should be borne together, and there is no provision for compensation at present, so it may be that the compensation according to the market price is like this: generally the post-construction house can not infringe on the adjacent right of the first house, and it is recommended that you consult the local urban construction planning and management department in detail.

Real Estate Dispute Legal Team According to the laws of our country, the right to use rural houses and homesteads can only be transferred between eligible villagers in the village, and cannot be sold to people other than members of the collective of the village. If the house is sold to eligible villagers, the compensation for the demolition of the house has nothing to do with the original owner. If it is sold to a person outside the village collective, the sales contract shall be invalid, and the house demolition money shall belong to the original owner in principle, but if the sale and purchase agreement stipulates the ownership of the compensation obtained after the house is demolished, the agreement shall be fulfilled.

If there is no agreement, the original owner shall return the buyer's purchase price, as well as compensate the buyer for the loss of decoration and the increase in the cost of buying the house caused by the house ****.

If the negotiation fails, mediation can be carried out through the village committee, and if the mediation still cannot reach a consensus, then the conflict can only be further escalated and the court will be sued.

The maintenance and renovation of the common wall should generally be negotiated by both parties and jointly undertaken by reasonable capital contributions, and there is no provision for compensation at present, so it may be compensation at market value. If the party that is required to demolish it has ownership of the common wall, the common wall should generally be retained and reasonably compensated by the adjacent party at a discount;

The first submits a written application to the people's land management department at or above the county level or the township-level people, the second is the materials and basis for the two parties to present evidence in the accident, the third is the on-site investigation materials and evidence collection, and the fourth organizes the parties to mediate and make a written mediation document.

If there is a dispute over the wall shared by the house, it must be resolved through negotiation, and if the negotiation fails, you can apply for a lawsuit. Whoever asserts is responsible for the proof, so the person who advocates must provide evidence to prove that your reasons are correct.

Legal Analysis: A common wall means that the same wall is jointly owned by two adjacent parties or owned by one party and shared by both parties. The main contents of the right to adjacency of the common wall are:

1. The use of the common wall by the adjacent parties shall not hinder or damage the legitimate rights and interests of the adjacent parties, and one party shall not use the common wall in an act that may endanger the personal and property safety of the adjacent parties; 2. If the adjacent party needs to relocate, it is generally not allowed to dismantle or remove the common wall; If the party that is required to demolish it has ownership of the common wall, the common wall should generally be retained and reasonably compensated by the adjacent party at a discount; 3. The maintenance and renovation of the common wall should generally be negotiated by both parties, and reasonable contributions should be jointly undertaken, and there is no provision for compensation at present, so it may be compensation at market price.

Legal basis: Article 10 of the Civil Code of the People's Republic of China The handling of civil disputes shall be in accordance with the law; Where the law does not provide for it, custom may be applied, but it must not be contrary to public order and good customs.

Legal analysis: According to the relevant laws and regulations of China, the legal treatment of adjacent common walls is that the parties can negotiate with each other first, and if the negotiation fails, they can file a civil lawsuit with 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 people's courts accepting civil lawsuits brought by citizens, legal persons, and other organizations, as well as between them on the basis of property and personal relationships.

Legal analysis: according to the nature of the land, the land can be divided into: residential land, commercial land, industrial land, educational land and others, different land properties have different ways to acquire, in which generally only residential land, commercial land can be freely transferred, so there are many disputes over this type of land.

The acquisition of these two types of land depends on who finally registers the land change, and when a land dispute occurs, the final registrant obtains the real right, and the others are held liable for breach of contract according to the contract.

Legal basis: Article 209 of the Civil Code of the People's Republic of China The creation, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.

Article 347 of the Civil Code of the People's Republic of China The establishment of the right to use construction land may be carried out by means of transfer or allocation.

Industrial, commercial, tourism, entertainment and commercial residential and other business land, as well as those with two or more intended land uses for the same land, shall be transferred by means of public bidding such as bidding and auction.

Strictly restrict the establishment of the right to use construction land by way of allocation.

The ownership of natural resources that belong to the State in accordance with the law may not be registered.