Confirmation of rural land rights

First, how to confirm the right of rural homestead

According to "Several Provisions on Determining Land Ownership and Use Right", the right to use homestead is mainly determined according to the following principles:

1,1In February, 1982, before the State Council issued the Regulations on the Management of Rural Homestead, the homestead occupied by rural residents exceeded the area specified by the local government. After the implementation of the Regulations on the Management of Rural Homestead, the right to use collective land construction can be temporarily determined according to the existing actual use area.

2.1February, 1982, the Regulations on the Management of Rural Construction Land was promulgated. From the effective date of the Land Management Law in June, 65438 +09871October, if the area of rural residents' housing land exceeds the standard set by the local government, the excess will be determined by the central government and the State Council in March, 1986.

3. For rural residents who meet the local government's household building regulations but have not yet been divided into households, if their existing homestead does not exceed the total area standard of household building land, the right to use collective land construction can be determined according to the existing homestead area.

4, non agricultural registered permanent residence residents in the rural homestead, housing property rights have not changed, you can determine the right to use construction land on collective land according to law. If the house is demolished and rebuilt without approval, the land use right shall be recovered by the collective.

5, accept the transfer, purchase of homestead building, and the total area of the original homestead exceeds the standards prescribed by the local government, in accordance with the relevant provisions to allow the continued use, can temporarily determine the collective land construction land use rights.

6. The right to use collective land construction can be determined by inheriting the homestead obtained by the house.

7. If the area of the homestead determined in accordance with the provisions of ownership confirmation exceeds the standard set by the local government, the number exceeding the standard area can be indicated on the land registration card and land certificate, and the right to use can be re-determined according to the area standard set by the local government when building a house alone or when the existing house is demolished, rebuilt, renovated or rebuilt by the government according to law.

8. If the property rights of overseas Chinese in rural homesteads and houses have not changed, the right to use construction land on collective land can be determined according to law. If the house is demolished and rebuilt without approval, the land use right shall be recovered by the collective.

9, idle or houses collapsed, demolition for more than two years did not resume the use of homestead, land use rights are uncertain. If the right to use has been determined, it shall be reported by the collective to the people's government at the county level for approval, and its land registration shall be cancelled, and the land shall be recovered by the collective.

II. Opinions of 20111,Ministry of Land and Resources, Central Rural Work Leading Group Office, Ministry of Finance and Ministry of Agriculture on the registration and certification of rural collective land ownership.

Departments in charge of land and resources of all provinces, autonomous regions, municipalities directly under the Central Government and sub-provincial cities, departments of agriculture (Ministry of Agriculture and Industry, Agriculture Committee, Agriculture Committee and Agriculture Office), departments of finance (bureaus), departments of agriculture (agriculture, animal husbandry and rural economy) (bureaus, commissions and offices), Land and Resources Bureau of Xinjiang Production and Construction Corps, Finance Bureau, Agriculture Bureau and Land Administration Bureau of the People's Liberation Army:

In order to effectively implement the Opinions of the Central Committee of the State Council on Strengthening the Overall Planning of Urban and Rural Development and Further Consolidating the Foundation of Agricultural and Rural Development (Zhong Fa [20/KLOC-0]1No.), the Ministry of Land and Resources, the Ministry of Finance and the Ministry of Agriculture jointly issued the Notice on Accelerating the Registration and Certification of Rural Collective Land Ownership (Guo Tu Zi Fa [20 165438)

The first is to clarify the scope of registration and certification of rural collective land ownership.

The registration and certification of rural collective land ownership is the registration and certification of rural collective land ownership and collective land use right. Rural collective land use right includes homestead use right and collective construction land use right. The registration and certification of rural collective land ownership shall cover all rural collective land, including construction land, agricultural land and unused land collectively owned by farmers, and shall not be omitted.

Two, according to the law and regulations to carry out the registration and certification of rural collective land ownership.

According to People's Republic of China (PRC) Property Law, People's Republic of China (PRC) Land and Land Management Law, Land Registration Method, Land Ownership Dispute Investigation and Handling Method, Provisions on Determining Land Ownership and Use Right and other relevant laws and policy documents, as well as the provisions of local regulations, in line with the principle of respecting history and paying attention to reality, it is conducive to production and life, promoting social harmony and stability, and the results of national land survey and

The documents and materials on which the rural collective land ownership registration is based include: the approval documents and disposal decisions of the people's government or the relevant administrative departments; Mediation by the administrative department of land and resources of the people's government at or above the county level; A judgment, ruling or conciliation statement that has entered into force by the people's court; An agreement reached by the parties according to law; Cadastral survey results such as cadastral questionnaire and land ownership boundary agreement formed by the demarcation procedure; Other documents stipulated by laws and regulations.

Third, accelerate the rural cadastral survey.

All localities should take the principle of "legal ownership, clear boundary and accurate area", and make full use of the existing achievements of the national land survey and other large-scale cadastral survey results according to the Classification of Land Use Status (GB/T 21KLOC-0/0-2007), the Technical Regulations for Collective Land Ownership Survey and the Rules for Urban Cadastral Survey. Find out the ownership, boundary, area and use (land type) of each rural land, form a perfect cadastral survey result according to the unified parcel coding model, and provide a basis for the registration and certification of rural collective land ownership. At the same time, we should pay attention to the investigation and registration of cadastral changes and maintain the status quo of cadastral achievements.

Where conditions permit, the cadastral survey of rural collective land ownership should adopt analytical method to measure the coordinates of boundary points and calculate the parcel area; Do not have the conditions of the region, according to the national land survey results to verify and determine the ownership boundary, detailed description of the boundary trend, using map calculation or database calculation to calculate the parcel area. The scale of rural collective land ownership map and cadastral map shall not be less than 1: 10000. Pastoral areas and other special areas can be relaxed to 1:50000 after being reported to the provincial land and resources department.

In the cadastral survey of the right to use homestead and collective construction land, the coordinates of boundary points shall be measured by analytical method, and the parcel area shall be calculated. The scale of parcel map and cadastral map shall not be less than 1: 2000. Homestead and collective construction land that have been certified by other means such as measurement and survey should be re-calculated by analytical method when changing registration.

Fourth, confirm the ownership of rural collective land to every peasant collective with ownership.

The determination of the subject of rural collective land ownership follows the principle of "subject equality" and "villager autonomy", and the ownership of rural collective land is confirmed to every peasant collective with ownership according to the three types of ownership subjects: township (town), village and villager group. Where there is a land ownership boundary of villagers' groups (original production teams), the land shall be confirmed to villagers' groups and farmers' collectives, and certificates shall be issued to villagers' groups and farmers' collectives; For the villagers' groups (original production teams) whose land ownership boundaries do not exist and are recognized by the vast majority of villagers, the status quo of this part of the land should be recognized on the principle of respecting history and acknowledging reality, and it should be clearly owned by the farmers in the village; Belonging to the township (town) farmers' collective ownership, land ownership shall be confirmed to the township (town) farmers' collective according to law.

Land collectively owned by villagers' groups shall be registered by their collective economic organizations or villagers' groups according to law, and they shall hold certificates of land rights. If the villagers' group organization is not perfect, the villagers' committee may apply for registration and custody of the land rights certificate on its behalf.

Involving "village withdrawal and merger" according to law, if the subject of land ownership remains unchanged after "village withdrawal and merger", the ownership still belongs to the original peasant collective; After the merger of villages, the subject of land ownership changed and was recognized by the vast majority of villagers. After the legal procedures for the change of collective land ownership are completed, the collective land ownership shall be determined according to the changed subject, and the land area of each original peasant collective shall be indicated in the land register and land certificate.

Involving the increase or decrease of urban and rural construction land and rural land consolidation pilot, in principle, the original land ownership should be maintained; If the land is adjusted according to law, the ownership of collective land rights shall be determined according to the adjustment agreement, and the land change registration formalities shall be handled in time according to law.

For the original collective land that has not been expropriated after "removing villages and building houses", only investigation and statistics will be carried out, and registration and certification will not be carried out. In the investigation and statistics, the original peasant collective name should be indicated after the name of the new unit.

In the "owner" column of the land register and the "land owner" column of the land certificate, the subject of collective land ownership is filled in as "хх group (village, township) peasant collective".

Five, clear the main representative of rural collective land ownership according to law.

Belonging to the village farmers' collective ownership, the village collective economic organizations or villagers' committees shall entrust the members of the farmers' collective to exercise ownership; Belong to the village of more than two farmers collectively owned by the village collective economic organizations or villagers' groups collectively exercise ownership; Belonging to the collective ownership of township farmers, the township collective economic organizations shall exercise ownership on behalf of the collective; There is no township (town) peasant collective economic organization, and the township (town) collective land ownership is managed by the township (town) government. In the process of land ownership registration, farmers' collective ownership representatives shall apply.

The specific requirements and forms of collective economic organizations can be determined by provinces (autonomous regions and municipalities) according to local relevant regulations and actual conditions.

Six, strictly regulate and confirm the main body of the right to use the homestead

The right to use the homestead shall be recognized as a member of the peasant collective in accordance with the area standard stipulated by the local provincial people's government. Farmers who are not members of the farmers' collective can build houses in different places and register and issue certificates in accordance with the local planning, with the consent of most members of the farmers' collective and the approval of the competent authorities. Members of farmers' collectives who already own homesteads, rural or urban residents who are not members of farmers' collectives, can register and issue certificates in accordance with regulations because they inherit houses and occupy rural homesteads. "Collective land use certificate" remarks column should indicate that "the obligee is the legal heir of the original member house of the peasant collective". Non-agricultural registered permanent residence residents (including overseas Chinese) have legally obtained homesteads and houses in rural areas, and the property rights of houses have not changed. If farmers collectively issue certificates and announce that there is no objection, they can register the land according to law, and the remarks column of the collective land use certificate should indicate "the obligee is not a member of the peasant collective".

For the homestead without proof of ownership source, the historical use and present situation of the land shall be ascertained, and the village Committee shall issue a certificate and announce it without objection for 30 days. After being audited by the township (town) people's government, it shall be reported to the people's government at the county level for examination and approval. If it is legally used, the right to use the homestead shall be determined.

Seven, according to the different historical stages of the super-large homestead right registration and certification.

1982 before the implementation of the regulations on the management of rural construction land, if the land area of the homestead occupied by rural villagers for building has not been expanded since the implementation of the regulations on the management of rural construction land, the ownership registration can be handled according to the existing actual use area; From the implementation of 1982 Regulations on the Management of Rural Construction Land to the implementation of 1987 Land Management Law, if the rural villagers occupy the homestead beyond the local area standard, the excess part can be registered according to the actual use area after being handled according to the relevant national and local regulations at that time; 1987 after the implementation of the land management law, if the homestead occupied by rural villagers exceeds the local area standard, the ownership shall be registered according to the actually approved area. If the area exceeds the local standard, the area exceeding the standard can be indicated in the remarks column of the land register and land ownership certificate. Houses or existing houses are demolished, rebuilt, renovated or rebuilt, and the government implements planning and reconstruction according to law, it shall be handled in accordance with relevant regulations, and the ownership registration shall be re-applied according to local standards.

Eight, conscientiously do a good job in the registration and certification of collective construction land.

Village committee office, medical education and health and other public welfare undertakings, land for public facilities, land for township enterprises and other collective land approved for non-residential construction according to law shall be registered and issued according to law to confirm the right to use collective construction land. Confirm the right to use collective land to each right subject according to law. Any unit or individual that uses collective construction land according to law shall apply for ownership registration.

For collective construction land without proof of ownership source, it is necessary to find out the historical use and present situation of the land. If it is legally used, the village Committee will issue a certificate and publicize it for 30 days without objection. After being audited by the township (town) people's government, it shall be reported to the people's government at the county level for examination and approval, and shall be registered and issued.

Nine, properly handle the illegal rural homestead and collective construction land.

Illegal homestead and collective construction land must be registered according to law before they can be used. For illegal homestead and collective construction land, it is necessary to find out the historical use and present situation of the land, and register and issue certificates in accordance with the overall land use planning, urban planning and related land use policies after completing the land use examination and approval procedures.

Ten, strictly regulate the rural collective land ownership registration and certification behavior.

Combined with the national land registration standardization inspection work, comprehensively strengthen the construction of land registration standardization. It is strictly forbidden to engage in false land registration, and it is strictly forbidden to register and issue certificates for illegal land that has not been legally treated. It is not allowed to register and issue certificates for the reform of household registration management system, or the illegal use of land collectively owned by farmers to be converted into state-owned land through "village to residence" without legal expropriation procedures, the illegal transfer or lease of collective land by rural collective economic organizations for non-agricultural construction, and the purchase of homesteads, peasant houses or "small property houses" by urban residents in rural areas. Those who fail to register and issue certificates according to laws and regulations or whose registration is not standardized and causes serious consequences shall be seriously investigated for their responsibilities.

Eleven, strengthen the mediation of land ownership disputes

All localities should take effective measures from the aspects of institution building, team building, funding guarantee and standardized procedures. , establish and improve the mediation mechanism of land ownership disputes, and properly handle rural collective land ownership disputes.

Twelve, standardize and improve the existing land registration information.

In strict accordance with the relevant laws, regulations and policies, comprehensively inspect, sort out and improve the existing land registration materials. The missing data and non-standard packages that have been registered and issued should be corrected and improved as soon as possible; If registration errors are found, they shall be corrected in time. All localities should do a good job in the collection and collation of rural collective land registration materials to ensure the comprehensiveness, integrity and standardization of registration materials. All localities should further establish and improve relevant systems and standards, and standardize the management of land registration materials.

Thirteen, promote the rural collective land registration information.

We should actively promote the construction of rural collective land registration database, and further improve the cadastral information system with reference to technical standards such as "Urban Cadastral Database Standard" (TD/T 10 15-2007). On this basis, we will steadily promote the construction of a national dynamic supervision and inquiry system for land registration information, improve the land supervision ability and social service level, provide support for participating in macro-control, and give full play to the positive role of land registration results in serving economic and social development.

Provinces (autonomous regions and municipalities) can formulate specific procedures and policies for the registration of rural collective land ownership according to local actual conditions. (Please pay attention to inquire about your local specific implementation rules or operation specifications. )