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How to deal with undocumented houses during land acquisition and demolition? - Yingting demolition lawyer
Home page >> Ying Ting Information >> Legal information
Article author：Yingting Lawyers Group | Update time：2019-08-08 | Reading times：241
inLand acquisition and demolitionThere are many undocumented houses in China, and many demolished people will also have questions: they have lived in good houses for decades, but there is no compensation when they are demolished, and they are not allowed to apply for property rights certificates three years before demolition. What is going on? This actually starts with my country's real estate property rights system.
Registration effects and exceptions for real estate rights
The most basic effect of the registration of real estate rights is that, in addition to laws and regulations, the establishment, change, transfer and elimination of real estate rights will be effective if registered in accordance with the law; without registration, they will not be effective. However, the law has made some other provisions, that is, the changes in property rights are mainly caused by non-legal acts: for example, the establishment, change, transfer or elimination of property rights due to legal documents of the people's court, arbitration committee or expropriation decisions of the people's government, etc., will take effect when the legal documents come into effect or the people's government's expropriation decisions, etc.; the establishment of land contract management rights and the establishment of easements are established when the contract comes into force rather than registered; property rights are established and eliminated due to legal construction of houses, demolition of houses and other actual activities.
Undocumented house inLand acquisition and demolitionHow to deal with it?
The "Property Rights Law" does not stipulate that the right to use homestead land must be registered to have legal effect. It only stipulates that "if the registered right to use homestead land is transferred or eliminated, the registration change or registration shall be processed in a timely manner." In other words, registration is not required for the right to use homestead land. Failure to register in accordance with the law does not necessarily mean that the demolished person does not enjoy legal property rights.
Many undocumented houses appear and are in danger of being demolished
Due to reasons such as history, customs, property rights management, and inadequate understanding of property rights management, many unlicensed houses appear.
If once it appearsLand acquisition and demolition, normal registration management will no longer be carried out, and "unlicensed houses" will be blindly labeled as "illegal construction", without considering the historical reasons, the source of the house and the legislative situation, and neglecting the principles of "not reducing the original living standards of the demolished people" and fair and reasonable compensation, which is very undesirable.
Undocumented house inLand acquisition and demolitionHow to deal with it?
Regarding the scope of compensation and compensation standards, in practice, some areas have over-expanded the rights flaws of real estate in expropriation and compensation, and have refused to compensate or lowered the compensation on the grounds that no registration has been processed. In some areas, the compensation has not yet been determined.Land acquisition and demolitionThe above practices are obviously illegal when the registration has been frozen and even the property rights certificates that have been processed will not be issued or the property rights certificates that have been issued will be published.
It is very necessary to crack down on and punish real "illegal construction", because "illegal construction" not only occupies land resources, but also consumes the cost of development and management and creates safety hazards. However, "illegal construction" will be used in "one size fits all"Land acquisition and demolitionThe “undocumented house” in the article is biased.
Undocumented house inLand acquisition and demolitionHow to deal with it?
The burden of proof in demolition proceedings for unlicensed houses
The lack of registration does not mean that the parties concerned do not enjoy legal property rights. Especially in rural areas, many unlicensed houses do not have property rights registration, which may put the demolished people in a weak and passive position in the proof of illegal demolition. In administrative proceedings, the demolished persons shall provide evidence to prove that illegal forced demolition exists objectively and was carried out by the demolishing party. However, in practice, some demolition parties did not make a written decision when carrying out forced demolition, nor did they inform the demolished people of their rights to report and defend in accordance with the law. They did not perform legal procedures such as notification, hearing, evaluation, and approval, and carried out the process in the name of villagers' autonomous organizations.Land acquisition and demolition, or demolition on behalf of demolition violations to avoidLand acquisition and demolitionprocedures, which makes it more difficult for the evicted persons to provide evidence.
In the allocation of the burden of proof, the litigation position and litigation ability of the parties must be considered, and the burden of proof should be allocated reasonably and fairly. In this situation, seek professionalLand acquisition and demolitionThe assistance of a lawyer is undoubtedly a better choice.
Registration effects and exceptions for real estate rights
The most basic effect of the registration of real estate rights is that, in addition to laws and regulations, the establishment, change, transfer and elimination of real estate rights will be effective if registered in accordance with the law; without registration, they will not be effective. However, the law has made some other provisions, that is, the changes in property rights are mainly caused by non-legal acts: for example, the establishment, change, transfer or elimination of property rights due to legal documents of the people's court, arbitration committee or expropriation decisions of the people's government, etc., will take effect when the legal documents come into effect or the people's government's expropriation decisions, etc.; the establishment of land contract management rights and the establishment of easements are established when the contract comes into force rather than registered; property rights are established and eliminated due to legal construction of houses, demolition of houses and other actual activities.
Undocumented house inLand acquisition and demolitionHow to deal with it?
The "Property Rights Law" does not stipulate that the right to use homestead land must be registered to have legal effect. It only stipulates that "if the registered right to use homestead land is transferred or eliminated, the registration change or registration shall be processed in a timely manner." In other words, registration is not required for the right to use homestead land. Failure to register in accordance with the law does not necessarily mean that the demolished person does not enjoy legal property rights.
Many undocumented houses appear and are in danger of being demolished
Due to reasons such as history, customs, property rights management, and inadequate understanding of property rights management, many unlicensed houses appear.
If once it appearsLand acquisition and demolition, normal registration management will no longer be carried out, and "unlicensed houses" will be blindly labeled as "illegal construction", without considering the historical reasons, the source of the house and the legislative situation, and neglecting the principles of "not reducing the original living standards of the demolished people" and fair and reasonable compensation, which is very undesirable.
Undocumented house inLand acquisition and demolitionHow to deal with it?
Regarding the scope of compensation and compensation standards, in practice, some areas have over-expanded the rights flaws of real estate in expropriation and compensation, and have refused to compensate or lowered the compensation on the grounds that no registration has been processed. In some areas, the compensation has not yet been determined.Land acquisition and demolitionThe above practices are obviously illegal when the registration has been frozen and even the property rights certificates that have been processed will not be issued or the property rights certificates that have been issued will be published.
It is very necessary to crack down on and punish real "illegal construction", because "illegal construction" not only occupies land resources, but also consumes the cost of development and management and creates safety hazards. However, "illegal construction" will be used in "one size fits all"Land acquisition and demolitionThe “undocumented house” in the article is biased.
Undocumented house inLand acquisition and demolitionHow to deal with it?
The burden of proof in demolition proceedings for unlicensed houses
The lack of registration does not mean that the parties concerned do not enjoy legal property rights. Especially in rural areas, many unlicensed houses do not have property rights registration, which may put the demolished people in a weak and passive position in the proof of illegal demolition. In administrative proceedings, the demolished persons shall provide evidence to prove that illegal forced demolition exists objectively and was carried out by the demolishing party. However, in practice, some demolition parties did not make a written decision when carrying out forced demolition, nor did they inform the demolished people of their rights to report and defend in accordance with the law. They did not perform legal procedures such as notification, hearing, evaluation, and approval, and carried out the process in the name of villagers' autonomous organizations.Land acquisition and demolition, or demolition on behalf of demolition violations to avoidLand acquisition and demolitionprocedures, which makes it more difficult for the evicted persons to provide evidence.
In the allocation of the burden of proof, the litigation position and litigation ability of the parties must be considered, and the burden of proof should be allocated reasonably and fairly. In this situation, seek professionalLand acquisition and demolitionThe assistance of a lawyer is undoubtedly a better choice.
Previous article：Relocation is sudden, but compensation is difficult to negotiate - Yingting demolition lawyer
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