Confirmation of rural land rights

1. How to determine the right of rural residential land

According to the provisions of Several Provisions on Determining Land Ownership and Use Right, the right to use residential land is mainly determined according to the following principles:

1. Before the State Council issued the Regulations on the Administration of Rural Housing Land in February 1982, the residential land occupied by rural residents exceeded the area stipulated by the local government, and it was not demolished, rebuilt or turned over after the implementation of the Regulations on the Administration of Rural Housing Land.

2. From February 1982, when the Regulations on the Administration of Land for Building in Villages and Towns was issued, to January 1987, when the Land Administration Law came into effect, if the area of the homestead occupied by rural residents exceeded the standards set by the local government, the excess part was dealt with according to the Notice of the Central Committee and the State Council Municipality on Strengthening Land Management and Stopping Unauthorized Occupation of Cultivated Land and the relevant regulations of the local people's government in March 1986.

3. For rural residents who meet the local government's regulations on building houses by households but have not yet been divided into households, the right to use collective land for construction can be determined according to the existing homestead area.

4. If the original homestead of non-agricultural registered permanent residence residents in rural areas has not changed, the right to use collective land for construction can be determined according to law. If the reconstruction is not approved after the house is demolished, the land use right shall be recovered by the collective.

5. If the total area of the homestead obtained by accepting the transfer or purchase of the house and the original homestead exceeds the standard set by the local government, and it is allowed to continue to be used after being handled in accordance with the relevant regulations, the right to use the collective land for construction can be temporarily determined.

6. The right to use collective land for construction can be determined by inheriting the homestead obtained from the house.

7. If the determined homestead area exceeds the standard set by the local government in accordance with the regulations on ownership confirmation, the number exceeding the standard area can be indicated in the land registration card and land certificate. In the future, when the house is built by households or the existing house is demolished, rebuilt or rebuilt or the government implements the planning and reconstruction according to law, the right to use it will be re-determined according to the area standard set by the local government, and the excess part will be returned to the collective.

8. If there is no change in the house property right of overseas Chinese's former homestead in rural areas, their right to use collective land for construction can be determined according to law. If the reconstruction is not approved after the house is demolished, the land use right shall be recovered by the collective.

9. Idle or houses collapse, and the homestead that has not been restored for more than two years is demolished, and the land use right is uncertain. If the right to use has been determined, it shall be reported by the collective to the people's government at the county level for approval, and its land registration shall be cancelled, and the land shall be recovered by the collective.

2. In November 211, Opinions of the Ministry of Land and Resources, the Office of the Central Leading Group for Rural Work, the Ministry of Finance and the Ministry of Agriculture on the Registration and Certification of Rural Collective Land Confirmation

The competent departments of land and resources of provinces, autonomous regions, municipalities directly under the Central Government and sub-provincial cities, agricultural offices (Ministry of Agriculture and Industry, Agriculture Committee, Agriculture Working Committee, Agriculture and Animal Husbandry Office), financial departments (bureaus), agriculture (agriculture and animal husbandry office) Land and Resources Bureau, Finance Bureau, Agriculture Bureau of Xinjiang Production and Construction Corps, and Land Administration Bureau of the People's Liberation Army:

In order to effectively implement the Opinions of the Central Committee of the State Council on Strengthening Urban and Rural Development and Further Consolidating the Foundation of Agricultural and Rural Development (Zhongfa [21] No.1), The Ministry of Land and Resources, the Ministry of Finance and the Ministry of Agriculture jointly issued the Notice on Accelerating the Registration and Certification of Rural Collective Land Ownership (Guo Tu Zi Fa [211] No.6) to further standardize and accelerate the registration and certification of rural collective land ownership, and now put forward the following opinions:

1. Defining the scope of registration and certification of rural collective land ownership

The registration and certification of rural collective land ownership is the registration and certification of rural collective land use rights. Rural collective land use right includes homestead use right and collective construction land use right. The registration and certification of rural collective land ownership should cover all rural collective land, including construction land, agricultural land and unused land owned by farmers' collectives, and should not be omitted.

II. Carry out the registration and certification of rural collective land in accordance with laws and regulations

In accordance with the Property Law of the People's Republic of China, the Law of the People's Republic of China on Land and Land Administration, the Measures for Land Registration, the Measures for the Investigation and Handling of Disputes over Land Ownership, Several Provisions on Determining Land Ownership and Use Right, and other relevant legal and policy documents, and in line with the provisions of local laws and regulations, we respect history.

The documents and materials on which the rural collective land ownership registration is based include: the approval documents and disposal decisions of the people's government or the relevant administrative departments; Mediation by the administrative department of land and resources of the people's government at or above the county level; A judgment, ruling or conciliation statement that comes into effect by the people's court; An agreement reached between the parties according to law; Perform cadastral survey results such as cadastral questionnaire and land ownership boundary agreement formed by demarcation procedures; Other documents stipulated by laws and regulations, etc.

Third, speed up the rural cadastral survey

All localities should take the principle of "legal ownership, clear boundary and accurate area", and make full use of the existing achievements of the national land survey according to the Classification of Land Use Status (GB/T 211-27), Technical Regulations for Collective Land Ownership Survey, Regulations for Urban Cadastral Survey and other relevant technical regulations and standards. Find out the ownership, boundary, area and use (land type) of each rural land, form a perfect cadastral survey result according to the unified parcel coding model, and provide a basis for the registration and certification of rural collective land ownership. At the same time, we should pay attention to the investigation and registration of cadastral changes, and maintain the current status of cadastral results.

where conditions permit, the cadastral survey of rural collective land ownership parcels should adopt analytical method to measure the coordinates of boundary points and calculate the parcel area; In areas where the conditions are not met, the ownership boundary can be verified and determined based on the results of the national land survey, the direction of the boundary is described in detail, and the parcel area can be calculated by means of map calculation or database calculation. The scale of rural collective land ownership map and cadastral map is not less than 1: 1. The scale of cadastral map can be relaxed to 1:5 after the pastoral areas and other special areas have been reported to the provincial land and resources authorities for approval.

in the cadastral survey of land use right of homestead and collective construction land, analytic method should be used to measure the coordinates of boundary points and calculate the parcel area, and the scale of parcel map and cadastral map should be no less than 1: 2. The homestead and collective construction land that have been certified by other methods such as surveying and surveying should be re-measured and calculated by analytical method when changing registration.

iv. confirm the ownership of rural collective land to each peasant collective with ownership

confirm the ownership of rural collective land to each peasant collective with ownership according to the principle of "equality of subjects" and "villagers' autonomy" and the three types of ownership subjects of township (town), village and villager group peasant collective. Where the land ownership boundaries of villagers' groups (original production teams) exist, the land shall be confirmed to the villagers' groups and farmers' collectives, and the certificates shall be issued to the villagers' groups and farmers' collectives; For the villagers' group (original production team) where the land ownership boundary does not exist and is recognized by the vast majority of villagers, the status quo of this part of the land should be recognized in the principle of respecting history and acknowledging reality, and it should be clearly owned by the village farmers collectively; Belonging to the township (town) farmers' collective ownership, land ownership should be confirmed to the township (town) farmers' collective according to law.

The land collectively owned by villagers' groups shall be registered by their collective economic organizations or villagers' groups according to law and hold land rights certificates. If the organization of the villagers' group is not perfect, the villagers' committee may apply for registration and keep the land rights certificate on its behalf.

if the subject of land ownership remains unchanged after "merging villages and forming groups" according to law, the ownership still belongs to the original peasant collective; After the merger of villages, the subject of land ownership changes and is recognized by the vast majority of villagers. After the legal procedures for the change of collective land ownership are fulfilled, the collective land ownership is determined according to the changed subject, and the land area of each original peasant collective is noted in the land register and land certificate.

if the pilot project of linking the increase and decrease of urban and rural construction land and rural land consolidation are carried out according to law, the original land ownership should be maintained in principle; If the land is adjusted according to law, the ownership of collective land rights shall be determined according to the adjustment agreement, and the land change registration formalities shall be handled in time according to law.

For the original collective land that has not been expropriated after "removing villages to build houses", only investigation and statistics will be made, and no registration and certification will be made. In the investigation and statistics, the name of the original peasant collective shall be stated after the name of the new unit.

in the column of "obligee" in the land register and "land owner" in the land certificate, the subject of collective land ownership is filled in as "хх group (village, township) peasant collective".

V. It is clear according to law that the main representative of rural collective land ownership

belongs to the village farmers' collective ownership, and the village collective economic organization or villagers' committee is entrusted by the members of the farmers' collective to exercise the ownership; Belonging to two or more farmers collectively in the village, the collective economic organizations or villagers' groups in the village collectively exercise ownership; Belonging to the collective ownership of township farmers, the township collective economic organizations shall exercise ownership on behalf of the collective; There is no township (town) peasant collective economic organization, and the township (town) collective land ownership is managed by the township (town) government. In the process of land ownership registration, the representative of the farmers' collective ownership shall apply for it.

the specific requirements and forms of collective economic organizations can be determined by provinces (autonomous regions and municipalities) according to local relevant regulations and actual conditions.

VI. Strictly standardize and confirm the subject of the right to use the homestead

The right to use the homestead should be confirmed to the members of the peasant collective according to the area standard stipulated by the local provincial people's government. Farmers who are not members of the farmers' collective can build houses in different places with the consent of the majority of the members of the farmers' collective and the approval of the competent authorities on the premise of meeting local planning due to centralized relocation such as prevention and control of geological disasters, new rural construction and resettlement, and can register and issue certificates according to the provisions. Members of the peasant collective who already own a homestead, rural or urban residents who are not members of the peasant collective, can register and issue certificates in accordance with the regulations because they inherit houses and occupy rural homesteads. In the note column of the Collective Land Use Certificate, it should be noted that "the obligee is the legal heir of the original members' houses of the peasant collective". Non-agricultural registered permanent residence residents (including overseas Chinese) have legally obtained homesteads and houses in rural areas, and the property rights of the houses have not changed. If the farmers collectively issue certificates and announce that there is no objection, they can register the land according to law, and the note column of the Collective Land Use Certificate should note that "the right holder is a non-member of the farmers' collective".

for the homestead without the certificate of ownership source, the historical use and current situation of the land should be ascertained, and the village committee will issue a certificate and make a public announcement for 3 days without objection. After the examination by the township (town) people's government and the examination and approval by the people's government at the county level, the right to use the homestead will be determined.

VII. Registration and certification of the right of the over-sized homestead according to different historical stages

Before the implementation of the Regulations on the Administration of Land for Building in Villages and Towns in p>1982, if the homestead occupied by rural villagers has not expanded its land area since the implementation of the Regulations on the Administration of Land for Building in Villages and Towns, it can be registered according to the existing actual use area; From the implementation of the Regulations on the Management of Land for Building in Villages and Towns in 1982 to the implementation of the Land Management Law in 1987, if the homestead occupied by rural villagers for building houses exceeds the local area standard, after the excess part is handled according to the relevant national and local regulations at that time, it can be registered according to the actual use area; After the implementation of the Land Management Law in 1987, if the homestead occupied by rural villagers exceeds the local area standard, the ownership registration shall be carried out according to the actual approved area. If the area exceeds the local standard, the area exceeding the standard can be indicated in the land register and the note column of the land title certificate. When the household building or the existing house is demolished, rebuilt, renovated or rebuilt, and the government implements the planning and reconstruction according to law, it will be dealt with according to the relevant regulations, and the ownership registration will be re-registered according to the local standard.

VIII. Conscientiously do a good job in the registration and certification of ownership of collective construction land

Village committee offices, medical education and health and other public welfare undertakings, land for public facilities, land for township enterprises and other collective land approved for non-residential construction according to law shall be registered and certified according to law to confirm the right to use collective construction land. Confirm the right to use collective land to each right subject according to law. Any unit or individual who uses collective construction land according to law shall apply for registration of ownership.

for collective construction land without proof of ownership source, it is necessary to find out the historical use and current situation of the land, and if it is legally used, the village Committee will issue a certificate and announce it for 3 days without objection. If it is audited by the township (town) people's government, it will be reported to the county-level people's government for examination and approval, and the ownership will be registered and issued.

IX. Properly handle the problem of illegal homestead and collective construction land in rural areas

Illegal homestead and collective construction land must be dealt with according to laws and regulations before they can be registered. For illegal homestead and collective construction land, we should find out the historical use and current situation of land, and register and issue certificates after completing the approval procedures for land use in accordance with the overall land use planning, town planning and relevant land use policies.

X. Strictly standardize the registration and certification of rural collective land ownership

Combine the standardized inspection of land registration in the whole country, and comprehensively strengthen the standardized construction of land registration. It is strictly forbidden to engage in false land registration, and it is strictly forbidden to register and issue certificates for illegal land without legal treatment. It is not allowed to register and issue certificates for illegal land, such as the reform of household registration management system or the conversion of collectively owned land by farmers into state-owned land through "village to residence" without legal expropriation procedures, the illegal transfer or lease of collective land by rural collective economic organizations for non-agricultural construction, and the purchase of homestead, farmers' houses or "houses with small property rights" by urban residents in rural areas. For those who fail to register and issue certificates of land ownership in accordance with laws and regulations or whose registration is not standardized and causes serious consequences, the relevant personnel shall be seriously investigated for responsibility.

Xi. Strengthening the mediation of land ownership disputes

All localities should take effective measures to establish and improve the mediation mechanism of land ownership disputes from the aspects of institution building, team building, funding guarantee and standard procedures, and properly handle rural collective land ownership disputes.

XII. standardize and improve the existing land registration materials

comprehensively check, sort out and improve the existing land registration materials in strict accordance with relevant laws, regulations and policies. Any missing data and nonstandard parcels that have been registered and issued shall be corrected and improved as soon as possible; If any registration error is found, it shall be corrected in time. All localities should do a good job in the collection and collation of rural collective land registration materials to ensure the comprehensiveness, completeness and standardization of registration materials. All localities should further establish and improve relevant systems and standards, and standardize the management of land registration materials.

XIII. Promoting the informatization of rural collective land registration

We should actively promote the construction of rural collective land registration database and further improve the cadastral information system with reference to the technical standards such as Urban Cadastral Database Standard (TD/T 115—27). On this basis, steadily promote the construction of the national land registration information dynamic supervision and inquiry system, and improve the soil.