Nowadays, the development of rural areas is becoming more and more rapid. For many farmers, many times they have given up their land. At this time, there has been a large amount of land contracting. There are also many policies and subsidies for renting land, but renting land also appears. In many cases, you should be careful about renting land in rural areas. There are many "traps" in it!
1. There is no formal contract or agreement for renting land.
There is no formal agreement for leasing, that is, there is no way to talk about it. Now there are a lot of people who grow big farms and don’t make money to run the road, so there is no formal contract or agreement to rent.
2, does not indicate the purpose of renting the land can not be signed
When renting land, farmers must first understand the use of the land. If the agreement does not indicate the purpose, this situation cannot be signed. Once the contract is signed, it will have legal effect. If it is time to blame the individual, then the peasant’s troubles will be great. When the rent is not available, the lawsuit may be spread!
3, do not understand the reason for the agreement to sign
According to the provisions of Chinese laws, the land transfer should be carried out in accordance with the principle of voluntariness of both parties, and the lease price of the land, the lease time and the location of the land must be written in detail, and the farmers must clearly see the re-sign when renting the land. Otherwise, the loss will be big!
There is also a situation in which the landlord who rents out wants to “repay the account”, which creates a land dispute. What should we do with our farmers’ friends at this time?
Some land ownership disputes, if not handled in time, the contradictions will further intensify and even seriously affect social stability. In the process of processing, our farmers' friends must strictly follow the procedures stipulated by laws and regulations, so that there are rules to follow and there are laws to follow, so that we are not passive, and we are invincible in administrative reconsideration and administrative litigation. Ground. The following is an introduction to the policy on disputes over land tenure in the policy. Xiaobian simply talks about the process and the process.
1. Different land disputes are resolved by different channels.
1. Land confirmation dispute
Disputes over land confirmation rights shall be settled by the parties through consultation; if the consultation fails, the people's government shall handle them; the disputes between the units shall be handled by the people's government at or above the county level; disputes between individuals and individuals shall be handled by the township government. . If the parties are dissatisfied with the decision of the relevant people's government, they may file an administrative lawsuit against the defendant within 30 days from the date of receiving the notice of handling the decision.
2. Land infringement disputes
Land infringement disputes shall be settled by the parties through negotiation. If the negotiation fails, the land administrative department may conduct administrative mediation. If the party is dissatisfied with the administrative mediation, he may file a civil lawsuit with the other party as the defendant; the parties may also file a civil lawsuit without administrative mediation.
3. Land administrative disputes
Land administrative disputes shall be handled in accordance with general administrative reconsideration and administrative proceedings.
Second, the treatment of land rights disputes
1 The village committee office, medical education and health public welfare and public facilities land, township enterprise land and other collective land approved for non-residential construction according to law shall be registered and issued according to law, and the right to use collective construction land shall be confirmed. Collective land use rights are legally recognized to each right subject. Any unit or individual that uses collective construction land according to law shall apply for confirmation of registration.
2 Use the principles and methods of land confirmation to determine the type, nature, subject, object, and content of specific land rights in practice.
3 Master the types of disputes over land ownership, the treatment methods, handling organs, and handling procedures stipulated in current laws, regulations, and regulations; and apply the provisions on the mediation of disputes over land ownership, and propose ways and procedures for handling specific disputes.
4 Apply land rights and disputes to mediate laws and policies, analyze specific dispute cases, and propose treatment opinions.
All localities must take effective measures from the aspects of institution building, team building, funding guarantee, and standardization procedures, and establish and improve the land ownership dispute mediation mechanism to properly handle the disputes over rural collective land ownership.
Finally, we must remind everyone to be careful when looking at land lease contracts, especially pay attention to the following aspects:
1 The price of land lease and the method of payment;
2 the term of land lease;
3 the use of land leases;
4 Land lease boundaries.
These four aspects are related to the vital interests of the peasants. Do not care to avoid land disputes!
Contact: Mr. Ma
Phone: +86-13333670044
Tel: +86-13333670044
Email: [email protected]
Add: Fine Chemical Industry Park, Jianan District, Xuchang, Henan, China