Rural land is strictly controlled. Under these circumstances, the homestead and contracted land will be recovered free of charge?

For farmers, the most important right is undoubtedly land, including homestead and cultivated land, that is, contracted land.

Homestead and contracted land are distributed to villagers by village collectives free of charge. Villagers only have the right to use, but not the ownership, which belongs to the village collective.

However, even if there is only the right to use without ownership, farmers don't have to worry, because no matter whether it is a homestead or a contracted land, there is a principle, that is, "home has its own house, land has its own field", and all rural hukou should have their own homestead and contracted land.

Some people may say that I am in my twenties now and I don't have my own contracted land. What happened? This is not contradictory to "land to the tiller", because cultivated land does not change every year. Only when the land is divided uniformly can everyone get his own land.

If you give birth just after dividing the land, you will have to wait until the next time.

Homestead is allocated by households and will be registered under the name of the head of household. Every household has a share, and everyone has cultivated land when it is divided.

At present, in order to protect the rights and interests of farmers' homestead and contracted land, the state implements land confirmation and issues ownership certificates to farmers, which makes farmers feel more at ease.

However, it should also be noted that although we have issued land ownership certificates to farmers, there are clear requirements for the use of homesteads and cultivated land. You can't say it. You'll give it to me anyway. I can use it as I want, and it must conform to the regulations.

For example, the homestead can only be used to build houses, and the contracted land can only be used for farming and developing agricultural production.

In addition, it should be reminded that in some cases, the allocated homestead and contracted land are still at risk of being recovered, and everyone must pay attention to avoiding it.

What are they?

Under the following circumstances, the homestead will be recovered.

According to Article 31 of the latest Interim Measures for the Management of Rural Homestead (Draft for Comment), village collectives can recover farmers' homesteads under the following circumstances.

(1) Farmers died and no one inherited them.

This kind of situation is very rare in reality, mainly the five-guarantee households, because the five-guarantee households are rural elderly people who have no one to support them. The village collective is responsible for food, clothing, housing, medical care and burial after their death.

Therefore, the homestead, houses and property left by the five-guarantee households after their death should be returned to the village.

If a relative wants to inherit the property of the five-guarantee household, it is impossible, because if he wants to inherit, he must first fulfill his obligation of support, but if someone supports him, he cannot become a five-guarantee household.

(2) After new houses are built in other places or centralized resettlement, the original homestead is recovered.

This is the so-called homestead "building new houses and demolishing old houses". As long as the old house is not rebuilt in situ, the old house will be demolished when the new house is built, and the homestead of the old house will belong to the village.

(3) After the household registration moves out and the houses on the inherited homestead collapse naturally, the homestead is recovered.

The ownership of the homestead is the village collective, but the house is privately owned by the farmers and can be inherited.

If the hukou moves out of the village, it can still inherit the house left by parents in the countryside.

Because the house and the homestead are inseparable, the homestead can continue to be used during the existence of the house; However, such a house cannot be repaired and reinforced, let alone rebuilt. When the house collapses, the homestead will be taken back.

(four) the homestead has not started construction for two years after approval.

Homestead is used by farmers to build houses. If it is idle for more than 2 years, then the village collective can take back this homestead.

(5) failing to use the homestead according to the approved purpose.

The contracted land can also be reclaimed.

The homestead is at risk of being taken back, so what about the contracted land? Actually, it's the same. According to the newly revised Rural Land Contract Law, if the transferee (contractor) of the land management right abandons farming and wasteland for more than two years, the employer (village collective) may unilaterally terminate the land management right transfer contract.

In other words, if farmers abandon cultivated land for more than two years in a row, the village collective can unilaterally recover the contracted land, which is to avoid the losses caused by abandoning cultivated land, because cultivated land is related to the overall situation of food security and must be fully utilized.

Of course, farmers don't need to panic. The above-mentioned cases of recovering these homesteads and contracted land are only a few cases.

Most farmers' friends' homestead and contracted land can't be recovered, so don't worry.