After moving to the rural hukou, do I still have my former homestead in the countryside?

After the rural hukou is moved to the city, the rural homestead does not belong to the person who moved the hukou, and the person who moved the hukou cannot build a house on it. Because the ownership of the homestead belongs to the collective and the right to use it belongs to the owner of the house (the villagers), the right to use the homestead of rural villagers is obtained based on the specific identity of the villagers. The houses built on the homestead belong to individual citizens.

According to the principle of "the land follows the house" stipulated by Chinese law, although the registered permanent residence has been moved to the city before, this homestead can still be used, which is the result of "the land follows the house". But now that the house on the homestead is gone, we can't continue to use this homestead.

Extended data:

What are the application conditions for homestead after rural hukou moves into the city?

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.

Do 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.

Inheritance of homestead;

1, "Land Management Law" stipulates that homestead, private plots and private hills are collectively owned by farmers. Villagers only have the right to use, but no ownership.

2. Land and houses in China are managed separately. According to the regulations, homestead is a collective construction land for farmers to build houses based on their membership in collective economic organizations. Farmers can get land without paying any land fees. Is a kind of welfare, generally can't inherit. But the houses built on the homestead belong to citizens' personal property and can be inherited.

3. In practice, the inheritance of farmers' homestead can be divided into the following situations: the heirs are members of collective economic organizations, and if they meet the application conditions for homestead, they can obtain the homestead of the inherited house after approval;

Do not meet the application conditions, you can sell the house to other villagers who meet the application conditions. Unwilling to sell, the house shall not be rebuilt, rebuilt or expanded. When uninhabitable, the homestead shall be recovered by the collective economic organization. If the heir is a resident of this city, it shall be handled in accordance with the above-mentioned circumstances that do not meet the application conditions for homestead.

Characteristics of rural homestead:

The enjoyment of the right to use rural homestead is linked to the membership of collective economic organizations, which has the functions of welfare and social security to a certain extent. Therefore, the right to use the homestead has the following characteristics:

1. The main body of the right to use the homestead is the members of the collective economic organization. Farmers apply for homestead largely because they are members of rural collective economic organizations, and each member has the right to apply for homestead in the name of individuals or families. The nature of rural homestead will not change with the change of villagers' identity.

2. The use of homestead right is limited. After obtaining the right to use the homestead, farmers can only build houses on the land for their own means of subsistence.

3. The right to use the homestead is welfare and indefinite. Homestead has a certain welfare nature, which is mainly manifested in the fact that farmers can obtain homestead at a low price and obtain basic living conditions, so as to enjoy the minimum welfare.

Due to the provision of an indefinite homestead, rural residents enjoy basically stable living conditions and objectively maintain the stability of rural life. Therefore, the right to use homestead is only a welfare right based on the membership of collective economic organizations, and can only be transferred among members of collective economic organizations.

Baidu encyclopedia-rural homestead

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