My grandfather’s homestead has been occupied by my uncle and uncle’s family for decades, and they all have real estate certificates. Now that it has been demolished, can my family get the homestead ba

My grandfather’s homestead has been occupied by my uncle and uncle’s family for decades, and they all have real estate certificates. Now that it has been demolished, can my family get the homestead back?

The homestead certificate is a certificate for village collective land use. Once the ownership of the certificate is lost, the right to use the homestead is also extinguished, and the farmer collective has the right to take back the homestead.

A farmer personally contributes money to build a house for living on the homestead, which becomes an inheritance after his death, and his heirs have the right to inherit. Once the house on the homestead is inherited as a legacy, the right to use the homestead is also inherited. Regardless of whether the heir is a member of the farmer collective, or whether the heir who is a member of the farmer collective already has a homestead, he can register it with the real estate The center applied for inheritance registration and became the subject of the inherited homestead use rights. If the right to use the homestead is obtained by inheriting a house, the house is the basis for the survival of the right to use the homestead. Once the house is lost, the ownership of the house will be lost, and the right to use the homestead will also be extinguished, and the farmer collective has the right to take back the homestead. . If you encounter a dispute over expropriation and demolition, the handling will be more cumbersome and more likely to cause disputes, so you need to learn more about the law to safeguard your legitimate rights and interests.

Homestead land is land collectively owned by farmers or individuals in rural areas who occupy and utilize it as a residential base. It includes three types of land on which houses have been built, on which houses have been built or decided to be used for building houses, land on which houses have been built, land on which houses have been built but no longer have a roof or are uninhabitable, and planned land prepared for building houses. Article 8 of the Land Management Law stipulates that land in urban areas belongs to the state. Land in rural areas and urban suburbs, except for land owned by the state as stipulated by law, is collectively owned by farmers; homesteads, private plots, and hills are collectively owned by farmers. In other words, the ownership of the homestead belongs to the collective, not to individuals. What individuals have is the right to use, and they have the right to use the homestead of the household on a household basis.

1. If the area of ??your own homestead exceeds the standard area; 2. If you need to divide the household but have not divided it, but the total area of ??your own homestead does not exceed the standard area, it will not be over-occupied; 3. The original non-agricultural household registration If the homestead and houses legally obtained in rural areas are certified by members of the collective and there is no objection to the announcement, land registration can be processed in accordance with the law; 4. If the family already has a homestead, but the rural homestead is occupied through legal inheritance, the land registration can be Registration and certificate issuance in accordance with regulations; 5. Non-members of the collective who have relocated due to new rural construction, resettlement, etc. and build houses in other places in accordance with relevant regulations can confirm their rights, register and issue certificates in accordance with regulations; 6. If the property rights of the homestead are unclear, After examination and approval by the village committee, township (town), and county governments, etc., it is clear that the homestead rights have been confirmed and a certificate can be issued; 7. The homestead has been idle for more than 2 years, the house has collapsed into a dilapidated building, and there is no one to take care of it, etc., and the use rights are uncertain. , cancel land registration and recover collective land use rights.