My own land was cultivated by someone else s family, what should I do if I don t come back?

With the process of urban and rural integration getting faster and faster, many people choose to give up farming in the countryside and go to the city to struggle. Yesterday, someone sent a private message to Uncle De, saying that he had not lived in his hometown for a long time, most of the time in the city, and when he wanted to go home to see it a few days ago, he suddenly found that his land had been planted by others, and he had never told him. Although he was very angry, he was a fellow countryman, and it was not easy to tear his face, so he asked Uncle De what to do in this situation.

Uncle De thinks that this situation is indeed very annoying, some villagers see that no one is planting the land, and they are afraid that the land will be wasted, and it is understandable to think that they will plant something, but the premise is that you have to say hello to the owner of the land, and the people agree to it. If you don't say a word, you will be angry with whoever you have, so what should we do in this situation?

First of all, let's be clear whether this land is still in your name or not. The state stipulates that if no one has taken care of the abandoned land in rural areas for more than two years, the village party committee will take it back and dispose of it. In other words, you need to check whether this land still belongs to you

If it doesn't belong to you, then it's all your own mishandling.

If, after verification, it is confirmed that the land is indeed still in your name, then you can first ask the village collective to come forward to solve it. After all, they don't often live in their hometowns, and some local policies still have to listen to the village committee, and I believe that the village committee will also make a reasonable solution to this kind of thing. Both sides accept it, that's okay, I'm afraid of meeting an unreasonable fellow, thinking that no one planted me what's wrong!

Then in this case, you can think differently.

If the village collective adjustment is unsuccessful, and the parties are unwilling to negotiate or mediate, or if the negotiation or mediation fails, they may apply to the rural land contract arbitration institution for arbitration, or they can directly file a lawsuit with the people's court. Although it is not advisable to destroy the things planted on your own land directly, after all, this land belongs to you, so you can dispose of the things in the ground appropriately.

It can be regulated by legal means. All you need to do is submit proof of your own land ownership and the occupation of the land by others to the local administration.

You can go through the legal process, and you can protect your rights and interests through the law, and you can let the other party be punished accordingly.

I think in that case, you can take legal action and get it back.

Legal Analysis: The village committee has the right to take back the wasteland and contract it to other villagers, but it also needs to give corresponding subsidies to the villagers.

Legal basis: Article 10 of the Land Management Law: "The land owned by the peasant collectives belongs to the village peasant collectives in accordance with the law, and shall be operated and managed by the village collective economic organizations or villagers' committees. It can be seen from this that the right to operate and manage the land reclaimed by the villagers belongs to the village committee.

Paragraph 2 of Article 3 of the Rural Land Contract Law Rural land contracting shall be in the form of household contracting within rural collective economic organizations, and rural land such as barren hills, barren ditches, barren hills, and barren beaches that are not suitable for household contracting may be contracted by means of bidding, auction, and public consultation. Barren mountains and wastelands owned by peasant collectives should be contracted by rural collective economic organizations.

Cultivating land without permission may be dealt with as the crime of illegal occupation of agricultural land, and will be punished by imprisonment, criminal detention, fines, etc. This crime is manifested in the subjective aspect as intentionality. That is, knowing that the act of occupying cultivated land for other purposes violates or contradicts land management laws and regulations, and also knowing that the occupation of cultivated land for other purposes will result in the destruction of a large amount of cultivated land.

The motives of the perpetrators for illegally occupying farmland are varied, and this crime is not to be established. The subject of this crime can be either a natural person or an entity. Objectively, this crime is manifested in violating land management laws and regulations by illegally occupying farmland for other purposes, and the amount is relatively large, resulting in a large amount of destruction of cultivated land.

Article 342 of the Criminal Law: Whoever violates land management regulations by illegally occupying farmland, forest land, or other agricultural land, or changing the use of the occupied land, and the amount is relatively large, causing a large amount of destruction of cultivated land, forest land, or other agricultural land, is to be sentenced to up to five years imprisonment or short-term detention and/or a fine. Article 342-1 Whoever violates the regulations on the management of nature reserves by carrying out reclamation, development activities, or building buildings in national parks or national nature reserves, causing serious consequences or other heinous circumstances, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention and/or a fine. Where conduct in the preceding paragraph simultaneously constitutes another crime, follow the provisions for the heavier punishment at trial and sentencing.

Wasteland reclaimed by peasant households without approval in accordance with law and with the consent of village collective economic organizations shall be reported to the land and resources department for disposal in accordance with law. For the newly reclaimed land of rural households that have been submitted to the land and resources department for approval, confirmed to be owned by the village collective economic organization, and have signed a family land contract contract, the right shall be confirmed and registered and issued in accordance with the original land contract relationship; For newly reclaimed land by rural households that have not signed a family land contract without the consent of the village collective economic organization, the villagers' decision may be adopted to decide whether to include it in the registration and issuance of certificates for the confirmation of land rights for rural households' household contracted management; If the villagers do not agree to the decision, the newly reclaimed land shall be remarked and registered in the register of contracted management rights, but the certificate of contracted management rights shall not be issued, and the relevant provisions shall be clarified before disposal. If it is a forest, the competent forestry department shall order the illegal act to be stopped, replant trees with more than one and three times the number of destroyed trees, and a fine of not less than one time but not more than five times the value of the destroyed trees may be imposed.

If it is grassland, the people's grassland administrative department at or above the county level shall order it to stop the illegal acts, restore vegetation within a time limit, confiscate illegal property and illegal gains, and impose a fine of not less than one time but not more than five times the illegal gains; where there are no unlawful gains, a concurrent fine of up to 50,000 yuan is to be given; Where losses are caused to the owner or user of the grassland, they shall be liable for compensation in accordance with law.

Further information: Unauthorized reclamation of wasteland generally does not constitute a crime, unless villagers destroy forests for reclamation and have to bear legal responsibility, and there are no clear provisions on how administrative penalties should be imposed for illegal land reclamation. Illegal reclamation of wasteland is generally not a crime, as there is no charge for cultivating wasteland.

However, illegal reclamation of wasteland may be subject to administrative punishment on the parties. The law stipulates that enterprises, public institutions, agricultural collective economic organizations without the approval of the county-level people's water administrative department, unauthorized reclamation of barren slope land below the slope of the prohibited, more than five degrees, by the county-level people's administrative department ordered to stop reclamation, take remedial measures, may be fined.

Legal basis: Article 28 of the Rural Land Contract Law of the People's Republic of China shall confirm the registration and issue of certificates for newly reclaimed land by rural households that have signed a family land contract with the approval of the law and the consent of the village collective economic organization.

If your cleared land is being cultivated by someone else, you can take the following steps:1Negotiate with the other party:

You can communicate and negotiate with the other party to understand the situation and intention of the other party's farming, as well as the rights and obligations of both parties. If the other party does it unintentionally, you can negotiate for the other party to stop farming and return the land to you. If the other party has reasonable farming needs, you can negotiate with the other party to reach a reasonable agreement to protect your legitimate rights and interests.

2.Verify ownership: If you believe that the other party has infringed on your land rights, you can check the reputation of the land to understand your rights and obligations, and whether the other party has a legal right to cultivate.

If negotiation with the other party does not resolve the issue, you can seek legal help. For example, you can consult with the local agricultural department, land management department, legal aid center and other institutions to understand the relevant laws and regulations and ways to protect your rights, and take legal measures to protect your legitimate rights and interests.