How to manage rural homestead?

Common disputes in rural homestead and their trial

Homestead disputes caused by illegal examination and approval of land management departments

If a lawsuit caused by the land management department's examination and approval of the homestead infringes upon the legitimate rights and interests of the neighboring parties, the people's court shall file an administrative case. The court mainly examines whether the land management department has exceeded its authority, abused its authority or violated legal procedures in the process of making the specific administrative act of approving the homestead. Therefore, as long as there are illegal situations in all aspects of the land management department from entity handling to examination and approval procedures, the people's court should revoke the homestead use permit or order the land management department to re-examine.

After accepting the case, the people's court mainly examines whether the applicant meets the conditions stipulated in Article 62 of the Land Management Law, whether the approved homestead is within the scope stipulated by law, whether the approval procedures for agricultural land conversion have been handled in accordance with Article 44 of the Land Management Law, and whether the land contracting right has remained unchanged for 30 years, and makes a decision to revoke or maintain the approval document.

Without the approval of the land management department or by deception, the use of land to build houses infringes on the interests of the collective or neighboring parties and causes disputes.

If it can be proved that the villagers have obtained the building procedures without approval or by deception, which infringes on the legitimate rights and interests of the neighboring parties, such as affecting the ventilation, lighting and traffic of the neighboring houses, the people's court can make a civil judgment, remove obstacles and dismantle illegal buildings within a time limit, or suspend the lawsuit, and suggest that the land management department make a penalty decision to dismantle illegal buildings and withdraw from the land within a time limit. When the people's court hears disputes over the right to use the homestead, such as the sale and confirmation of illegal buildings, it should be noted that only the ownership of building materials can be judged, and it is not appropriate to clarify the ownership of illegal buildings.

Disputes over collective driving outside the homestead.

The purpose of villagers' occupation of collective learning vehicles 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 notify the local people's government to apply for settlement. Those who refuse to accept the government's decision may bring a lawsuit to the court, and the court shall accept the case as an administrative case. If the land is owned by the village collective economic organization, it may also bring a lawsuit directly to the people's court, and may require the occupier to withdraw from the land and remove obstacles. The court shall accept the case as a civil case, and the people's court shall, according to the specific circumstances, handle the case of compensation for property damage caused by the parties competing for idle land.

Disputes caused by private exchange of homestead by building households

If the villagers change the homestead privately according to their own interests, the people's court should not only point out the illegality of the actions of both parties, but also suggest that the land management department cancel the building procedures and recover the homestead according to law. If one or both parties have built houses, in order to avoid unnecessary losses, they may be ordered to change the registration of homestead after obtaining the consent of the land management department.

Disputes arising from land use affecting the interests of neighboring parties

Improper use of homestead affects adjacent relations. For example, on the same planning line, the foundation pad of the back-cover house is higher than that of the first-cover house, which leads to rainwater and domestic water flowing to the neighbor's homestead, or the back-cover house and facilities affect ventilation, lighting and dripping, endangering the safety of others' houses, or building toilets in inappropriate places affects environmental sanitation, or blocking passages or cutting off natural water flow without authorization. The people's court should properly handle disputes in the spirit of legality and rationality.

Disputes caused by some * * * employers using the homestead used by * * * without the consent of the user.

A homestead, two or more villagers can jointly use, the right to use the same, the land use area of * * * can be shared by * * *. For the homestead used by * * *, some * * * people use it without the consent of * * *. After accepting the case, the people's court finds out that one party is building a house, and the other party knows that it has not raised any objection, and can order the occupier to continue to use it without harming others and public interests. Disputes over housing property rights after the joint construction of the right to use rural residential land with others should first seek the opinions of the land management department because they involve the right to use rural residential land. If the competent authorities approve the joint use of the homestead, they can clarify their respective housing property rights; If the competent department does not approve the joint use of the homestead by both parties, it can clarify their respective housing shares and decide the property rights to the right holder of the homestead.

Disputes caused by the unclear boundary of the homestead and the lack of confirmation and unified planning by relevant departments.

If a lawsuit is brought against a homestead that has not been confirmed and uniformly planned, or the boundary is unclear, the people's court shall inform the parties to apply to the local government for handling. If a party refuses to accept the government's decision, the court shall file an administrative lawsuit. If there is a border dispute over the homestead confirmed by the unified planning, the people's court shall directly accept it as a civil case to find out whether the four directions on the land use certificate are clear and whether the data such as length, width and area are consistent with the actual situation. The right to use the homestead is determined on the basis of the fourth place, except that the fourth place actually moves; If the area specified in the land use certificate of one party to the dispute is consistent with the actual situation, and the other party does not match or cannot provide the land use certificate, the people's court shall handle the homestead for the use of the party whose actual situation is consistent with the land use certificate.

Respondent: hit _ TL- probation level 1 4-9 18:37.

If the neighbor's building is a temporary building with a service life of no more than two years, he must tear it down and return it to you. It is not allowed to use other people's occupation of their homestead as a defense. These are two kinds of civil legal relations. Rural homesteads are collectively owned, so you can seek mediation from villagers' committees. If mediation fails, you can bring a lawsuit directly.