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land expropriation land contract Homestead Enterprise demolition Government information disclosure House demolition Rights protection skills Compensation standard Demolition and resettlement

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Easement and usufruct coexist, and whether the latter holds easement

The Civil Code of China allows easement on collective land to coexist with usufruct rights such as homestead use right and land contractual management right. The holder has the right to continue to use the rights and interests in the easement, even if the land is collectively owned. Collective construction land can be set as homestead, which means that individuals or organizations that establish such use rights on collective land will legally enjoy the convenience and rights brought by easement. #Land acquisition and demolition 1472 readings
Easement and usufruct coexist, and whether the latter holds easement

The Civil Code of China allows easement on collective land to coexist with usufruct rights such as homestead use right and land contractual management right. The holder has the right to continue to use the rights and interests in the easement, even if the land is collectively owned. Collective construction land can be set as homestead, which means that individuals or organizations that establish such use rights on collective land will legally enjoy the convenience and rights brought by easement. #Land acquisition and demolition 1299 readings
How to deal with the house site forcibly demolished

In the face of disputes over homestead property rights, the administrative department should first make a ruling, and then sue if dissatisfied with the ruling results; External infringement can be prosecuted directly. The demolition compensation dispute is an administrative lawsuit, and the scope of acceptance includes dissatisfaction with administrative punishment, administrative compulsion, licensing decision, confirmation of natural resource ownership or use right, expropriation compensation, etc., as well as complaints that the administrative organ fails to perform its duty of protecting personal property rights. Without prior procedure, the court may refuse. #Land acquisition and demolition 990 readings
The old house has a certificate. Can it be rebuilt

Existing housing holders have the right to renovate their houses under certain conditions, which is equivalent to comprehensive reconstruction, and is commonly seen as self built by rural residents. The renovation shall comply with regulations and local regulations, and be approved by the collective economic organization. If the original site is not suitable for living, the foundation or expansion area shall be adjusted. The reconstruction of illegal land use right can be demolished and rebuilt only after the land use formalities are handled and approved. #Land acquisition and demolition 824 readings

Will building houses on their homestead be forcibly demolished

China's current laws and regulations protect the legitimate construction rights and interests of residents on their own homestead, and there is no compulsory demolition. Villagers need to follow the principle of "one household, one residence", stable use right, compliant site selection, compliance with land use and village and town planning, and have building qualifications, and the building area does not exceed the standard of housing land area stipulated by the government. #Land acquisition and demolition 947 readings
How to deal with the wrong size of homestead

For the deviation of homestead size, you have the right to apply to the land management department for change, and you need to provide the certificate of use right, identity certificate and evidence of error. After being approved and verified by the government, the relevant departments will check and make formal area corrections according to the survey results, and update the homestead register. #Land acquisition and demolition 851 readings
How to calculate notarial fees of homestead notary office

The notarization fee for rural homestead shall be calculated and charged according to the transaction amount, 0.3% of which shall be charged if the amount is less than 500000 yuan, and 200 yuan if the amount is less than 200 yuan; 0.25%, 0.2%, 0.15%, 0.1% and 0.05% respectively for those above 5 million, 5 million to 10 million, 10 million to 20 million, 20 million to 50 million and 50 million to 100 million. #Land acquisition and demolition 1125 readings

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