The account has taken away the former land. Can you take it out?

The whole family has moved out, can the original land be returned? Analyze your problem first.

Your uncle is from the countryside, but his registered permanent residence has moved out, and now there is no arable land. You asked if you could get it back? But don't say that your uncle's land is occupied by the villagers themselves. It's not that simple!

This question should be answered from three angles.

First of all, did your uncle's family move to the city from farming to farming? If so, I'm sorry, the rural household registration has been cancelled, and the village collective must recover the cultivated land and redistribute it to the rural cultivated land contractors.

Secondly, if your uncle's family moves to a small town to settle down, according to the national policy, he still has the right to contract cultivated land. We know that the second round of contract has not expired.

Finally, your uncle's family moved to other rural areas, but the new residence didn't get cultivated land, so the right to contract cultivated land is still yours.

These are all stipulated by the national rural land contract law, and you can check the specific terms. In short, it is natural that the tiller has land.

Now the country has begun to confirm the right of rural cultivated land, and your question is just the right time. Please contact your uncle quickly to find out the real situation. If it is still in line with national policies, hurry back and get the land ownership certificate. In the future, subsidies, circulation and so on, ha, all have money to take.

My uncle is from the countryside, but the whole family has moved out. Can the original land be returned? Was occupied by the villagers themselves? There are some unclear points in your question:

First, the nature of your uncle's original land (cultivated land or contracted land? );

Second, the nature of your uncle's family after moving out (all urbanization in the urban area? Or is it a local town? Or the nature of the hukou has not changed, or the rural hukou, just changed to a village? );

Third, is your uncle's old house still there? Is the land owned and within the contract period?

Fourth, when your uncle's family moved out of their registered permanent residence, did they make any verbal promises with the village committee?

I can't give you an accurate answer because you haven't made the above four points clear. Let me briefly analyze several possibilities in different situations for your reference.

First, the household registration of the whole family has been moved to the urban area, and the country has cancelled it.

In this case, I am sorry. Tell your uncle to forget the original land. Article 26 of "People's Republic of China (PRC) Rural Land Contract Law" clearly stipulates that during the contract period, the whole family of the contractor will move into the city with districts and become non-agricultural registered permanent residence, and the contracted cultivated land and grassland will be owned by the employer. If the contractor fails to repay it within the time limit, the employer may recover the contracted cultivated land and grassland.

The land is not yours, so don't say "the villagers occupy it themselves" in the back, so as not to send it back to their hometown to get into trouble. The land was returned to the collective, perhaps planted with the acquiescence of others in the village. After all, now is not the time to re-divide the land. Someone has to plant the extra land in the village, don't you think?

Second, during the contract period, the whole family moved into small towns to settle down.

If your uncle belongs to this situation, then Article 26 of the Land Contract Law also clearly stipulates that the contractor's right to contracted management of land shall be retained or allowed to be transferred according to law.

First of all, it is best to have a land ownership certificate during the contract period. If you want to continue your business, it is protected by law.

Third, the rural hukou remains unchanged, but the family has moved to other villages, and no land has been allocated in the new house.

If this is the case with your uncle, just tell him that his original land is still his, and no one can take it away. In this regard, the state has a policy to protect farmers, and farmers will never be left without land and food.

This also applies to women married to other provinces and rural areas. If they marry in other provinces, they can't catch up with the land contract and are not assigned their own land, then the land they got in their hometown still belongs to you and is protected by law.

I hope the above answers are helpful to you.

First of all, your uncle's household registration has moved away, and you can't go back to the original land!

If your uncle subcontracted or sublet the land he contracted before he moved to the registered permanent residence, then the land contracted by your uncle is still your uncle's, because the contract signed by your uncle and others is legal, and others will not rob your uncle's land because your uncle moved to the registered permanent residence, but the person who subcontracted or subletted your uncle's land will not give up the legal procedures for subcontracting or subletting your uncle's land because he has a legal contract!

This shows that when your uncle moved his household registration, he didn't make good use of the contracted land resources in his hand to legally subcontract or sublet, so he gave up the ownership of the contracted land. At this time, the village did not take back the land abandoned by your uncle to the village collective, and the land abandoned by your uncle became ownerless. It is understandable that the villagers picked up your uncle's abandoned land and planted it!

It would be an exaggeration to say that villagers occupied your uncle's land. Your uncle left and your uncle left the land there. If the villagers pick it up and plant it, there will be no problem. If your uncle comes back to plant his contracted land in the spring after moving his household registration, the villagers will not fight for your uncle's land. Now that the villagers have given up your uncle's land and planted crops, your uncle should stop bothering the villagers and fighting for your uncle's land. Now that all your uncle's accounts have been moved, live in peace in the city!

Thank you for your concern and support for the answers to the questions concerning agriculture, countryside and farmers, and welcome your comments!

If you are not a member of the village collective, you have no right to use the original land. If the registered permanent residence moves out, there will be no village collective land use right! Different from urban houses, rural homestead belongs to the state's welfare guarantee for farmers. If you leave the village collective, you will recover the right to use the house and land. Farmers' homestead and land are the right to use.

Article 26 of the Land Contract Law stipulates that "during the contract period, if the whole family of the contractor settles in a small town, it shall, according to the wishes of the contractor, retain a share of its land contractual management right or allow it to transfer the land contractual management right according to law. During the contract period, the contractor's family moved to the city with districts and became non-agricultural registered permanent residence, and the contracted cultivated land and grassland were returned to the employer. Judging from the Land Contract Law, did your uncle move out of agricultural registered permanent residence? If not, you have every reason to return to the land. No organization or individual has the right to interfere. But also involves direct grain subsidies and land transfer compensation fees. Your uncle has the right to claim it from this organization through legal procedures. Especially the villagers who live in their own homes, the taste should be doubled.

Excuse me, why take back people's land, and how hard it is to earn money in the city when people go out? Now, who gives people money, the country or the village? You bought your own old-age insurance in the city, and you are in the countryside, which proves that you are incapable. Use land and buy it with money.

The whole family has moved out, can the original land be returned? It depends on when the whole family moves out of the account. 1998 When you move your household registration, the land will be taken back by the village. From then on, the land has nothing to do with you, and it is impossible to get it back in the future. Because of the land readjustment and redistribution in 1998, it seems like a joke that you said the land was occupied. The land is collective. Who can occupy it? This is the first time I have heard of such a thing. In addition, if 1998 moves out of the account, the land will not be recovered, so your problem does not exist. Besides, since you moved out of your hukou, you gave up the land at that time and now you want the land. It's really no good. Please think twice!

The whole family has moved out, can the original land be returned?

1. If your second uncle's family moves out of the household registration before 1997, then the household registration has been cancelled and the land has been readjusted and subcontracted. In this case, your second uncle won't come back if he didn't contract the land in the second round of land contracting.

Second, the land has been contracted, and then the account has been cancelled. The village has the right to reclaim your uncle's land and adjust the contract to the new population. In this case, your uncle didn't return the land.

Third, the land has been contracted in the second round, and the household registration has been cancelled, but the land village collective has not recovered. You transfer the land to others for planting or your uncle abandons the land and is occupied by private farming. In this case, as long as the contracted planting management right belongs to your uncle during the contract period, you can take the land back for confirmation.

Four, in line with the provisions of the "land law" twenty-sixth, after the expiration of the land contract, take the initiative to recover the land or the village collective to re contract.

In this case, if your uncle is really hiding it, you can get it back for just reasons. However, others are already planting, and you don't farm. In this way, your uncle can also transfer the land to him for planting and collect rent from it. After all, you have been barren for so many years, and it is not easy for others to weed and plow the fields. Let him plant it. If you want to come back, the land may be barren after one year, which is not worth the loss.

The whole family has moved out, can the original land be returned? Welcome everyone to talk about it together.

The account has moved out. The house there can't be demolished, the registered permanent residence is not in the village, and the land is owned by the village collective. If there are any buildings or things planted on the land, they all belong to your uncle's family. Anyone who wants to move these things must be compensated accordingly. If it is an open space, it may be recycled by the village collective.

It is still possible for your uncle to get back the original land in this situation, but it is inevitable when there is a land dispute. I need your uncle, the farmers who occupy the land and the village Committee to negotiate together.

1. Uncle's land has not been reclaimed, is it in a state of desolation?

Under what circumstances do the villagers in your village occupy land for farming? If your uncle's family has left this land unattended and uncultivated for several years, then this land is likely to be recovered by the village collective in this dispute.

If you still plant crops on the ground and the villagers forcibly occupy them, then this situation is more beneficial to you, at least the land will not be recovered.

Because you just caught up with the new policy promulgated by the state this year-you can't recover land just because farmers settle in cities.

It is unreasonable for villagers to occupy land for farming.

But in any case, it is unreasonable for villagers to occupy land for farming without taking it back, but how to deal with it depends on how you negotiate.

Now your uncle should still have the land certificate, so it is possible to recover it, but you should make it clear to the employer that if your village has the conditions, encourage your uncle to quit the land and then give some compensation to solve this problem.