Job Recruitment Website - Immigration policy - The old man gave up his home to others.

The old man gave up his home to others.

Legal subjectivity:

1. Can the rural homestead be given away or sold to others?

Rural homestead cannot be bought or sold, nor can it be given to others. China's land is public ownership, land ownership belongs to the collective, and farmers have no ownership of homestead, so they can't dispose of homestead. Farmers have the right to use the homestead and have the right to dispose of the houses on the homestead. Where a farmer transfers the right to use the house and the homestead, he shall transfer the right to use the house and the homestead to members of the collective economic organization who meet the building conditions to apply for the homestead.

Second, what is the homestead "one household, one house"

The state encourages village collectives and farmers to actively use idle homesteads and houses, and develop farmhouse music, homestays and rural tourism according to laws and regulations through independent operation, cooperative operation and entrusted operation. The land appreciation income generated by the active use of idle homesteads should all be used for agriculture and rural areas. At present, all localities are exploring the demonstration contract of homestead circulation to guide and standardize the circulation behavior. After the transfer contract comes into effect, the procedures for changing the right to use the homestead shall be handled in time.

Third, can the homestead without a house be confirmed?

According to Article 15 of the Measures for the Administration of Rural Homestead: "Under any of the following circumstances, with the approval of the county people's government, the land use right certificate or relevant approval documents can be cancelled, and the village collective can recover the right to use the homestead:

(a) the homestead has not started construction for two years from the date of approval (except in special circumstances);

(two) when the homestead is submitted for approval, it promises to the village collective to build a new house and demolish the old house without demolishing the old house by itself;

(three) the village that has been approved to implement the transformation of the old village or the migration down the mountain has moved into the original homestead where the new house (village) lives;

(four) obtaining approval or illegally transferring the homestead;

(five) other circumstances in which the right to use the homestead should be recovered. "

If there is no homestead to build a house, it is necessary to decide whether it can be confirmed according to the idle years of the homestead. Rural homestead idle or abandoned for two years, the village collective has the right to recover the homestead or not to confirm. Rural homestead cannot be bought or sold, nor can it be given to others. China's land is public ownership, land ownership belongs to the collective, and farmers have no ownership of homestead, so they can't dispose of homestead.