What should two brothers do if one of them asks for a division of land and the other party is unwill

What should two brothers do if one of them asks for a division of land and the other party is unwilling?

1. This needs to be disposed of in accordance with the wishes of the contractor of the land contract. If the contractor is a parent and both parents are gone, the distribution is based on the principle of inheritance. First find someone from the village committee to coordinate. If the coordination fails, the law of contract succession shall be followed.

Assignment. Land use rights occur between brothers.

Disputes can be resolved through negotiation or through mediation by villagers' committees and township people. If the parties are unwilling to negotiate mediation or the negotiation and mediation fails, they may apply to the competent jurisdiction.

of arbitration institutions apply for arbitration or file a lawsuit in the people's court.

2. Brothers' land use rights disputes, part of the homestead use rights.

If a person builds a house without the knowledge or consent of the other co-owners, his ownership of the house shall be confirmed on a case-by-case basis: the other co-owners are members of the collective economic organization.

If there is no other homestead, the house shall be divided or merged at a discounted price according to the area of the homestead use right. If the other co-owners have lost their membership in the economic organization or have other houses, the houses shall be merged into the houses owned by the builders, and the builders shall pay corresponding compensation according to the area occupied by the other people's homesteads. In this way, the main consideration is to realize the social security function of the homestead use right.

3. If a dispute over the property rights of a house arises after building a house on another person's homestead, it shall generally be ordered to be owned by the owner of the homestead user, and the homestead user shall pay the corresponding consideration.

This is a form of seizure in civil law theory. The so-called attachment refers to the attachment or combination of a property owned by one property to form a new property. Newly formed property cannot be separated from another property without being demolished, or a large sum of money is required to separate the two.

The attachment of a house to land is actually the attachment of real estate to immovable property.

4. In China, the construction of houses must go through a certain approval procedure, and obtaining land use rights is a condition. Without obtaining the right to use the land, you cannot obtain the ownership of the house. Therefore, the current laws and regulations of our country.

The Property Law promulgated afterwards did not have any provisions on immovable property and the seizure of immovable property. In such cases, the seizure of movable and immovable property shall be applied mutatis mutandis, i.e. "to any place in the premises".

You can take the initiative to solve it through the court, so that you can get a good division, and there will be a good solution in life, and it must be one and a half, which is reasonable and legal.

At this time, it is necessary to negotiate a settlement, and sometimes it can also be through legal means, so that a just result will be obtained.

He can sue unilaterally, so that he can solve it, and this thing must be half of one person, and the two people are also biological brothers, and it is impossible to monopolize their friends.

If the division of land between two brothers is a family contract, it is best to deal with it through an agreement that is expressly agreed upon, and then the consent of the village collective is obtained. If it cannot be resolved through negotiation agreement, according to Article 16 of the Land Law, disputes over land ownership and use rights shall be settled through negotiation between the parties; If the negotiation fails, it will be handled by the people.

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.

1. Criteria for identifying idle land:

1. Exceeding the date of commencement of development and construction agreed in the contract for the paid use of state-owned land, or exceeding the date of commencement of development and construction stipulated in the approval of construction land;

2, the State-owned land paid use contract or construction land approval does not stipulate the date of commencement of development and construction, from the date of entry into force of the State-owned land paid use contract or the land administrative departments of the construction land approval date of 1 year has not started construction;

3. The total area of development and construction is less than 1 3 of the total area of development and construction, or the amount of investment accounts for less than 25% of the total investment, and the development and construction has been suspended for 1 consecutive year without approval;

2. In any of the following circumstances, it may be identified as idle land:

1. The state-owned construction land that has not been started for development by the land use right holder for more than one year after the date of commencement of construction and development stipulated in the land transfer contract or the allocation decision;

2. State-owned construction land that has started development but the area of development and construction land accounts for less than one-third of the total area of development and construction land that should be started, and the development and construction have been suspended for one year;

3. State-owned construction land that has started development but has been invested less than 25% of the total investment, and the development and construction have been suspended for one year;

Legal basisArticle 16 of the Land Management Law of the People's Republic of China Disputes over land ownership and use rights shall be resolved through negotiation between the parties; If there is no agreement through negotiation, 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.

Summary. Dear, I am happy to answer for you: what should I do if one of the two brothers asks for the division of land and the other party is unwilling?The two parties may negotiate and reach a relevant agreement after reaching a consensusYou can apply to the village committee for mediation, and you can prepare a complaint to file a lawsuit with the court.

What should two brothers do if one of them asks for a division of land and the other party is unwilling?

Dear, I'm glad to answer for you: two brothers, one Changfang asked for the division of the land, and the other party was unwilling, what should I do?The two parties may negotiate and reach a relevant agreement after reaching an agreementYou can apply to the village committee for mediation, and you can prepare a complaint to file a lawsuit with the court.

If there is a dispute over the land, you can go to the local village committee for mediation, but the land management is in accordance with the land contract, and it is necessary to know who the land contract is in the name of the household.

If it is jointly owned by the two of you, the other party has no right to dispose of it without the consent of one of the co-owners of the shared land. If Hu Daguo transfers the land to a sock without your consent, he can file an infringement lawsuit.

Summary. Hello, dear. The disputed distribution of the two brothers' land needs to be dealt with according to legal procedures. First, you should go to the local land management department to understand the relevant regulations and procedures, and then the dispute can be resolved through mediation, arbitration or litigation. <>

Hello, dear. The two brothers had a dispute over the land and disagreed on the distribution method, which needed to be dealt with in accordance with legal procedures. First of all, Li Qingshould go to the local land management department to learn about the relevant regulations and procedures, and then the dispute can be resolved through mediation, arbitration or litigation. <>

Hello, dear. In the process of allocating land, you can refer to local land regulations, land use right certificates, land appraisal reports and other relevant documents, or you can ask a lawyer or professional for consultation and help. The final distribution result shall be in accordance with the law, fair, reasonable and fair, so as to safeguard the legitimate rights and interests of both parties.

Hello, dear. Disputes over land can be resolved through legal means. First of all, the two parties can try to resolve the dispute through negotiation, and if the negotiation fails, they can apply to the local relevant departments for mediation.

If mediation also fails to resolve the dispute, the parties can file a lawsuit in court to resolve the dispute through judicial proceedings. <>

Uncle left home for more than 40 years, does he have the right to share his grandfather's land with his father, he has not heard from him for many years since he ran away from home, and now he suddenly came back, and now he has no household registration at home, and he has nothing to accompany him.

Hello, dear. When dealing with land disputes, it is necessary to pay attention to the following points: retain relevant evidence:

Both parties should keep all kinds of evidence, such as relevant documents, contracts, evidence of retribution, etc., and bring the missing evidence for use in the handling of disputes. Seek professional help: If both parties do not know much about the land issue, you can consult a lawyer or land professional to understand the relevant laws, regulations and policies.

Hello, dear. The uncle has been away from home for more than 40 years and has not automatically lost his property rights. Secondly, if the grandfather's land has not been divided or transferred, then the land belongs to the grandfather's inheritance and should be inherited according to the law, and the uncle also has the right to share the land.

Since the uncle had been away from home for so long and had not heard from him, Qi Pei was legally regarded as a missing person, so he needed to go through a certain procedure to determine his inheritance. <>

Now my uncle's son, who is my cousin, has taken in my uncle, and my cousin has always insisted on sharing my uncle's share, but my father disagrees, dear, hello. As for the issue of land rights and interests in Dazhong Quebo, it is necessary to make a specific analysis according to local laws and regulations and the ownership of land. If the uncle and his father jointly inherit the grandfather's land, he has the right to share the land.

However, if the land has already belonged to Shen Peichong and others, then Kuanji needs to be dealt with in accordance with the relevant legal procedures. <>

Summary. Legal basis: Article 38 of the Law of the People's Republic of China on the Administration of Urban Real Estate stipulates:

If the land use right is obtained by way of transfer, the transfer shall be in accordance with the transfer contract, and the full land use right transfer fee shall be paid and the land use right certificate shall be obtained; Investment and development shall be carried out in accordance with the provisions of the transfer contract, and if it is a housing construction project, more than 25% of the total development investment shall be completed, and if it belongs to a piece of development land, it shall form industrial land or other construction land conditions.

Dear, I'll answer this question for you. During the land contract period between the two brothers, if the contracting party's family is divided, the division of the land royalty contract management right shall be decided by the family itself. From a legal point of view:

If a dispute arises due to land contracting and operation, the parties can resolve it through negotiation with Xiaoshu, or they can request mediation by the village or town committee for the promotion of disorderly people, and the township (town) people.

Legal basis: Article 38 of the Law of the People's Republic of China on the Administration of Urban Real Estate stipulates that if the land use right is obtained by way of transfer, the transfer shall be in accordance with the transfer contract, and the empty belt has paid all the land use right transfer inspection and merger fees, and obtained the land use right certificate; Investment and development shall be carried out in accordance with the provisions of the transfer contract, and if it is a housing construction project, more than 25% of the total development investment shall be completed, and if it belongs to the land developed without reeds, it shall form industrial land or other construction land conditions.