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How to confirm the right of rural homestead
1, declaration
Anyone who has the right to use the homestead land shall receive the Application Registration Form for the Right to Use the Rural Homestead issued by the land department, and each household shall fill in a copy of the homestead. The homestead used by villagers must submit the land ownership certificate issued by the economic society, the secondary economic organization of the village Committee and the town government. Then the investigation team is responsible for collecting application materials and submitting them to the land management department for review.
2. Ownership survey
According to the application of the land use right holder, the land department conducts on-the-spot investigation and records on the scope, boundary, boundary, ownership nature and use of the homestead, and the neighboring parties find out, fill in the questionnaire on the cadastre of the homestead, and draw a sketch of the parcel to prepare for the cadastral investigation. In the process of homestead investigation, users and adjacent users of this parcel should be present within the time specified in the announcement, and sign and seal the land boundaries and boundary points confirmed by both parties. If you can't participate in the demarcation, you should entrust an agent in writing to refer to the demarcation.
3, review and announcement
After examination and approval by the land administrative department, the parcels that meet the registration conditions shall be announced. The contents of the announcement mainly include the name and address of the land user, the nature, area, location and scope of the land ownership granted registration.
Step 4 agree
Upon the expiration of the announcement, if the land owner and other stakeholders of land rights and interests have not raised any objection to the results of the land registration and examination, they shall sign the opinions of agreeing to register and issue certificates on the Approval Form for the Registration of the Right to Use Rural Homestead, which shall be signed by the leaders of the municipal (county) people's government and stamped with the special seal for land registration of the municipal (county) people's government.
Step 5 register
According to the results of the Examination and Approval Form for Rural Homestead Registration, the land (homestead) registration card, land (homestead) ownership card and land certificate shall be filled out item by item with the parcel (homestead) as the unit, and the registration personnel and the competent leaders of the land administrative departments shall sign the two certificates respectively.
6. Issue land certificates
I. Rural homestead
It is the collective land occupied and utilized by rural farmers or individuals as the homestead. Including three types: built houses, built houses or land decided to be used for building houses, built houses, built houses without roofs or uninhabitable land planned for building houses.
1 is a noun in land management law.
2. The legal basis is the Land Management Law, the Administrative Regulations of the Ministry of Land and Resources and the Measures for the Administration of Homestead in Provinces. In practice, the application is mainly based on the regulations on the management of homesteads in various provinces. According to the opinions of the Ministry of Land and Resources on strengthening the management of rural homestead, the law of "one household, one house" is resolutely implemented, and each rural villager can only own one homestead, the area of which shall not exceed the standards stipulated by provinces (autonomous regions and municipalities). This standard should be handled in accordance with the province's own regulations.
Second, the rural homestead application conditions
1, it is really necessary to separate households due to children's marriage and other reasons, and there is a lack of homestead;
2, the foreign population settled, became a member of the collective economic organization, no homestead;
3, due to the occurrence or prevention of natural disasters, the implementation of village and market town planning and the construction of township (town) village public facilities and public welfare undertakings, the need to move.
Rural villagers in any of the following circumstances, shall not approve the use of homestead:
1, under the age of 18;
2, the original homestead area has reached the required standard or can solve the household needs;
3. Sell or rent a house in the village.
Because there are some discrepancies in the regulations of different provinces, the specific situation can only be determined after consulting the local land department. The general procedures and steps are described above. If you have any other questions, please add your questions.
References:
Baidu encyclopedia rural homestead
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