Contents of Rural Homestead Management Measures
1. Declaration
Anyone who has land use rights for homesteads must obtain the "Rural Homestead Use Rights Declaration and Registration Form" issued by the land department, and fill in one form for each homestead on a household basis. For homesteads used by villagers, certificates of land ownership origin issued by economic societies, secondary economic organizations of village committees, and town governments must be submitted. The investigation team will then be responsible for collecting application materials and submitting them to the land management department for review of ownership.
2. Ownership investigation
Based on the application of the land use right holder, the land department conducts on-site investigation and recording of the homestead range, boundaries, boundaries, property rights, uses, etc. and obtains confirmation from neighboring parties, fills in the homestead cadastral survey form, and draws the parcel Sketch in preparation for cadastral survey. During the homestead investigation process, the users of the land parcel and the users of adjacent land should be present at the site to jointly designate the boundaries within the time specified in the notice, and sign and stamp the land boundaries and boundary points jointly confirmed by both parties. If they are unable to participate in the boundary designation, If necessary, an agent should be entrusted in writing to come forward to indicate the boundary.
3. Review and announcement
After review by the land administration department, the parcels deemed to meet the registration requirements will be announced. The announcement content mainly includes the name and address of the land user, the nature, area, location, and scope of the land rights approved for registration, etc.
4. Approval
At the expiration of the announcement period, if the land rights holder and other land rights holders do not raise objections to the land registration review results, they shall sign an opinion agreeing to the registration and issuance of certificates on the rural homestead use rights registration approval form, which shall be signed by the leader of the municipal (county) people's government. stamp, and affix the special land registration seal of the municipal (county) people's government.
Principles of Rural Homestead Management Measures
Principle 1
Protect national and collective homestead ownership in accordance with the law. Our country's land belongs to the state and collective ownership respectively. According to the provisions of the Land Management Law, old contracts before the land reform cannot be used as the basis for land ownership. When dealing with homestead (land) disputes, the state and collective land ownership should be effectively protected. For homestead land owned by the state or collectives, collective organizations or individuals may not appropriate, buy, sell, or otherwise illegally transfer it.
Principle 2
Protect the rights to use homestead land legally obtained by citizens and legal persons in accordance with the law. According to the provisions of the Land Management Law, units or individuals that use state-owned land shall be registered and registered by the people's government at or above the county level, and certificates shall be issued to confirm the right to use the land. Land use rights are protected by law and may not be infringed upon by any unit or individual. When rural residents build houses, they should use the original homestead sites and vacant land in the village. The use of cultivated land shall be reviewed by the people's government at the township level and then reported to the people's government at the county level for approval. Those without approval will not be protected. Except for unified planning or individual adjustments, the right to use homestead land legally inherited by legal persons and citizens will remain unchanged for a long time. In addition, the right to use homestead land includes two aspects: legal acquisition and legal use. Any illegal expansion or seizure of homestead land or even farmland should be declared invalid in accordance with the law and legal sanctions can be imposed. In the process of using the homestead, those who hinder public interests and infringe other people's neighboring rights such as houses, traffic, drainage, ventilation, lighting, etc. shall bear civil liability in accordance with the law.
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