How to deal with homestead certificate disputes? How to deal with homestead disputes

Shi Haibo and Shi Mei are cousins. In September 1998, Shi Mei and his wife bought a commercial house in an adjacent market town. On 23 September 1999, the official title certificate was issued by the Land Management Department.

The real estate certificate states that the house is a brick and concrete structure, with an area of 24 square meters, and the homestead behind the house is one meter long. After Shi Haibo learned that the land management department allowed each family to build their own houses within the scope of the rice homestead, after obtaining the consent of his sister Shi Mei, he built two houses on Shi Mei's homestead and started a self-employed business.

In March 2000, Shi Mei rented out the purchased commercial house to Shi Haibo for use. In August of the same year, Shi Mei and his wife resold to Shi Haibo at the original house price because they moved to other places, and went to the land management department to go through the transfer procedures. On September 30, the contract for the sale and purchase of the house between the two parties was notarized by a notary office.

Article 2 of the contract states that "the legal right to use the rice of the homestead (including the yard) allocated by the original real estate agency shall be transferred to the buyer with the transfer of the ownership of the house." After Shi Haibo bought a house, while waiting for Shi Mei to move out, Shi Mei built another room next to his original house. Shi Haibo saw that Shi Mei had no intention of moving out, so he officially notified Shi Mei to move out, but Shi Mei refused to move out.

In October 2001, Shi Haibo and Shi Mei had asked the town land management office to deal with it, and the land management office had presided over the mediation between the two parties, and at the beginning reached an agreement that Shi Mei would sell three self-built houses to Shi Haibo at a price of 20,000 yuan and build another house by herself. Shi Haibo sued the court.

Question: Is Shi Haibo's reason for asking Shi Mei to move out of the homestead for his use?

A: Judging from this case, the homestead in dispute can actually be divided into two pieces, one is the homestead occupied by a commercial house of 2 4 square meters, and the other is the homestead behind the house that is a meter long. The first homestead was transferred to the plaintiff because Shi Mei and his wife transferred the commercial house, and the right to use the homestead was also transferred to the plaintiff Shi Haibo; The second homestead has been used by Shimei, who built two houses on the homestead.

According to the Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights, "the owners or co-owners of above-ground buildings and other attachments shall enjoy the land use rights within the scope of use of the buildings and attachments. It can be seen that in the absence of a special agreement between the parties on the division and transfer, and without registration, in this case, Shi Mei transferred the right to use the commercial house to the plaintiff Shi Haibo, and it should be considered that the right to use the land occupied by the commercial house was transferred subsequently, but the right to use the meter-long homestead behind the house was not transferred naturally.

If a transfer is to take place, there should be a special agreement between the parties. In this case, when Shi Mei sold the house to Shi Haibo, it was stated in Article 2 of the contract that "the legal right to use the rice of the homestead (including the yard) assigned by the original real estate authority shall be transferred to the buyer with the transfer of the right to use the house." "Since the parties have made a special agreement on this, if this clause can take effect, it is obvious that the right to use the homestead should be transferred to the plaintiff Shi Haibo.

To sum up, Shi Haibo has obtained the right to use the commercial house and the right to use the homestead, and the reason for requesting Shi Mei to move out of the homestead for his use is justified and should be supported by the court.

Legal analysis: homestead disputes can be consulted ** is 12348. As long as the public calls 12348 legal aid ** in various places, they can freely choose any legal aid institution in their jurisdiction to provide legal consultation, legal aid application, legal aid supervision and other legal services for homestead disputes.

Legal basis: Article 362 of the Civil Code of the People's Republic of China The owner of the right to use the homestead land shall have the right to occupy and use the land owned by the collective in accordance with the law, and shall have the right to use the land to build residential buildings and ancillary facilities in accordance with the law.

Legal analysis: The handling of homestead disputes is as follows: 1. Negotiation, the two parties to the dispute due to rural homestead can resolve it through negotiation; 2. Mediation, where the parties can resolve disputes through mediation; 3. In arbitration, if the parties are unwilling to negotiate or mediate, or if the negotiation or mediation fails, they may apply to the arbitration institution for arbitration; 4. Litigation: Litigation shall be filed directly with the people's court according to the content of the dispute.

Legal basis: Article 14 of the Land Management Law of the People's Republic of China: 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. 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.

Conflicts may arise in the actual use of homesteads, especially disputes over land ownership and ownership rights. When we encounter disputes over land ownership and use rights, how do we resolve the conflict? First of all, we need to understand the five principles of dealing with homestead disputes.

Disputes over the right to use homestead land should be properly handled in accordance with the following principles:

1. Protect the ownership of homestead land by the state and collectives in accordance with the law.

2. Protect the right to use homestead land lawfully obtained by citizens and legal persons in accordance with the law.

3. The principle of transferring the right to use the homestead with the house.

Fourth, the principle of respecting history, facing reality, and being conducive to production and life. 5. The principle of promoting economic development and maintaining social stability.

After understanding the above five principles, according to the provisions of China's "Land Management Law", there are three main ways to resolve homestead disputes:

1) Settlement through negotiation Article 14, paragraph 1 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 will be handled by the people. That is to say, between the two parties in the conflict, the first step in the solution is to negotiate, the two parties can negotiate, you can agree to solve, if you can't reach an agreement, you need to go to the people in the township or county to solve.

2) Administrative Settlement Article 14, Paragraph 2 of the Land Management Law stipulates that 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. In the event of a dispute that cannot be resolved through negotiation, it needs to be resolved by the people, and if the solution given by the people cannot be accepted by both parties, it can only take the legal hail macro road.

3) Judicial Settlement: Paragraph 3 of Article 14 of the Land Management Law stipulates that if a party is dissatisfied with the decision of the relevant people, he may file a lawsuit with the people's court within 30 days from the date of receipt of the notice of the decision. If the people can't handle it, they can only sue the Fali Brother's Court, and the court will rule to settle it.

However, we need to pay attention to the situation of wanton planting: if it is determined that the construction of the homestead is an illegal building, the people's court can either make a civil judgment to remove the obstruction and demolish the illegal building within a time limit, or it can suspend the lawsuit and recommend that the land management department make a penalty decision to demolish the illegal building and quit the land within a time limit.

Find village committees, townships, districts and counties.

1. In the event of a homestead ownership dispute between farmers, both parties should respect history, be humble to each other, and resolve the issue through negotiation.

If the negotiation between the two parties is successful, it is better to sign an agreement. The agreement reached between the two parties shall not violate the relevant laws and regulations, and shall not harm the interests of the state or the collective and the legitimate rights and interests of other villagers.

2. If the negotiation fails, either or both parties may apply to the local township (town)** or land management office and other accepting authorities.

When the application is processed, it shall be written in: the name and address of the applicant and the other party; The matters to be processed, the specific requirements and reasons for the application, and a schematic diagram of the disputed land parcel is attached; Relevant evidence and its **, the name, place of work or address of the witness. After receiving the application, the receiving authority shall decide whether to accept it within 15 days.

Where a decision is made to accept the application, a copy of the application shall be sent to the opposing party within 10 days. The opposing party shall submit the defense document and relevant evidence within 30 days from the date of receipt of the copy of the application; Where the defense documents are not submitted within the time limit, it does not affect the decision to handle them. Where the accepting organ decides not to accept the application, it shall notify the applicant in writing within 10 days of the decision and explain the reasons.

3. If the township does not accept it, both parties can apply directly to the county ** or the Land Bureau, and if they meet the acceptance conditions, they can designate to accept it or accept it directly. The accepting authority may mediate the homestead ownership dispute accepted by the accepting authority; If mediation is ineffective, a disposition decision shall be made.

4. If a party is dissatisfied with the disposition decision, it may apply for reconsideration to the handling organ at the level above within 15 days of receiving the notice of the disposition decision, and may also directly file a lawsuit with the people's court within 30 days of receiving the disposition decision.

1. Negotiate and settle.

In the event of a homestead dispute between ordinary citizens, the two parties should first settle it through negotiation on their own, and then resort to administrative settlement if the solution fails.

2. Administrative settlement.

Homestead disputes between individuals and between individuals and units shall be handled by the people at the township level or the people at or above the county level.

3. Judicial settlement.

If the parties are not satisfied with the outcome of the disposition, they can carry out judicial disposition within the specified time, and generally they can apply for judicial disposition only after administrative disposition. However, in the case of infringement of land ownership or use rights, the parties may directly file a lawsuit with the people's court without going through judicial handling.

If the homestead dispute does not threaten the safety of the person and property, it is generally not possible to report to the police, and the specific methods of handling the homestead dispute are as follows: negotiation settlement, people's mediation, administrative settlement, litigation settlementHomesteads mainly include three types: land on which houses have been built, houses have been built or decided to be used for building houses, land on which houses have been built, land that has been built but no superstructure or cannot be inhabited, and land that is planned for building houses.

Generally, buyers can't remember the name of the "five certificates" and the issuing authority, but they don't have to remember so much. When you buy a house, you only need to look at the "two certificates" of "State-owned Land Use Certificate" and "Pre-sale Permit".

Because if the developer does not obtain the "Construction Land Planning Permit" and the "Construction Project Planning Permit", it will not be able to obtain the "State-owned Land Use Certificate", and it will not be able to obtain the "Pre-sale Permit" without obtaining the above two "Planning Permits" and "Construction Permits".

The developer has obtained the "Pre-sale License" to prove that the project has passed the approval in terms of planning, engineering, land use, etc., and has the qualification to enter the market for the commercial housing to be developed.

1.Homestead dispute cases caused by illegal approval by land management departments.

The people's court shall file a case for trial as an administrative case for litigation arising from the infringement of the lawful rights and interests of neighboring parties by the land management department's examination and approval of the homestead land. The court mainly examines whether the land management department has exceeded its authority, abused its power, or violated legal procedures in the process of making the specific administrative act of approving the homestead formalities. Therefore, as long as there are illegal circumstances in all aspects of the land management department's handling from the entity to the approval procedure, the people's court should revoke the homestead use license or order the land management department to make a new examination and approval.

After accepting the case, the people's court shall mainly examine whether the applicant meets the conditions stipulated in Article 62 of the Land Management Law, whether the homestead approved by the land management department is within the scope of the law, whether the approval procedures for the conversion of agricultural land have been handled in accordance with the provisions of Article 44 of the Land Management Law, and whether the provisions of the land contracting right for 30 years have been considered. A judgment is made to revoke or uphold the approval documents. Disputes arising from the use of land to build houses without the approval of the land management department or by fraudulent means to obtain the building procedures for building a house, infringing on the interests of the collective or adjacent parties. Where it can be confirmed that villagers have built houses without approval or have used deceptive means to deceive the construction procedures for building houses, and have infringed upon the lawful rights and interests of neighboring related parties, such as affecting the ventilation, lighting, and passage of neighbors' houses, the people's court may make a civil judgment to remove obstructions and demolish illegal buildings within a time limit, or may suspend the litigation and recommend that the land management department make a penalty decision to demolish the illegal buildings and withdraw the land within a time limit.

When the people's court hears cases involving disputes over the right to use homestead land, such as the sale and confirmation of the rights of illegal buildings, it should be noted that it can only adjudicate the ownership of building materials, and it is not appropriate to clarify the ownership of illegal buildings.

2.Disputes arising from the occupation of collective vacant land other than homesteads.

The purpose of the villagers to occupy the collective vacant land other than the homestead is to occupy more land, expand the wall yard, and pile up sundries. For such disputes, the people's court shall inform the local people to apply for resolution, and if they are not satisfied with the decision, they can file a lawsuit with the court, and the court shall accept it as an administrative case. If the land is owned by a village collective economic organization, it may also directly file a lawsuit with the people's court for the slag, and the squagger may be required to withdraw from the land lacking hunger and remove obstacles, and the court shall accept it as a civil case, and the people's court shall handle the case of compensation for property damage caused by the parties' occupation of vacant land according to the specific circumstances of the case.