Can the immigrant homestead be returned?

It depends. For the homestead without building, it is necessary to decide whether it can be confirmed according to the idle years of the homestead.

When handling the registration of homestead ownership, the following circumstances shall not be confirmed:

The homestead does not conform to the overall planning of land use in villages and towns;

In addition to inheritance and separation, there is one more household;

Houses purchased and built in rural areas by non-members of the collective economic organizations or urban residents;

Land ownership disputes have not been resolved;

Rural villages (residential) should be demolished because of new houses, and the old houses that have not been demolished should be included in the land replacement project planning and not reclaimed;

Idle or collapsed houses have not been restored to use for more than two years;

Because of the demolition or the original house was expropriated according to law, and unified resettlement or compensation has been made according to law;

Land violations have not been dealt with or are being dealt with;

Not used for two consecutive years after approval;

Houses vacated by five-guarantee households supported by collectives;

Restricting land rights due to the seizure of buildings and other attachments on the ground according to law;

Other circumstances in which the right is not confirmed as stipulated by laws, regulations and policies.

At the same time, according to the provisions of 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 construction has not started for two years since the date of approval of the homestead (except in special circumstances);

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

(three), approved the implementation of the old village transformation or down the mountain village, has moved into a new home (village) to live in the original homestead;

(four) obtaining approval or illegal transfer of homestead;

(five), other circumstances that should recover the right to use the homestead. The above policies and explanations show that when the rural homestead is idle or abandoned for two years, the village collective has the right to recover the homestead or not to confirm it. Therefore, it is suggested that farmers with homesteads build houses in time to protect their rights and interests.

Homestead refers to the collectively owned land occupied by rural farmers or individuals as a living base. Including built houses, built houses or decided land for building houses, built houses, built houses without roofs or uninhabitable land, and planned land for building houses. Homestead ownership belongs to rural collective economic organizations.