land expropriation

In rural areas of our country, based on the actual level of local development and administrative management, it is very common for villagers to build houses on collective land with only partial construction procedures or no construction procedures at all. The land users or actual users do not have land ownership certificates. Under what circumstances should houses without land certificates be demolished and compensated?

1. Houses on the homestead:
Homestead is the land that villagers occupy and use collectively owned to build their own houses. According to Article 152 of the Property Rights, the right to use homestead refers to the right to occupy and use collectively owned land, and the right to use the land to build houses and ancillary facilities. In this case, it is neither illegal nor illegal.

Although there is no real estate certificate, compensation must be paid during demolition
2. Historic Houses:
There are still many such houses in rural areas that were approved by the village committee to build, but there is no foundation certificate, real estate certificate and land certificate, only a certification letter issued by the village committee. In this case, because the house itself is a comprehensive building and due to historical issues, a homestead certificate was not obtained.

We engage in legal matters such as administrative litigation and criminal litigation related to land acquisition and demolition, and have extensive experience in administrative reconsideration, administrative litigation and civil litigation in real estate disputes. Since his practice, he has represented and consulted on thousands of real estate dispute cases including land expropriation, house demolition, land ownership disputes, land infringement, house sales, and real estate mortgages in 28 provinces and municipalities, involving hundreds of millions of yuan in assets, and has accumulated rich experience in handling cases.

If the demolished people live here for a long time, they can get reasonable compensation.
3. Houses on cultivated land: When building a house, the village does not care. The village cannot control it. In addition, following the trend, it feels that since people build on cultivated land, they will suffer a loss if they do not build a house on cultivated land. Therefore, even families with homesteads mostly build houses on cultivated land. If this is the case, we need to determine whether it is illegal.

Building a house on farmland falls within the scope of illegal construction. If it complies with the regulations on illegal construction, it is generally difficult to obtain compensation. Under what circumstances is forced demolition legal?
103010 Article 28 stipulates that if the expropriated person does not apply for administrative reconsideration or file an administrative lawsuit within the statutory time limit, and does not move within the time limit specified in the compensation decision, the city or county-level people's government that made the house expropriation decision shall apply to the People's Court for compulsory execution in accordance with the law.

That is to say, through the government's application to make a house expropriation decision, the people's court takes enforcement measures to force the expropriated to complete the house demolition tasks. The promulgation of "03010" clearly cancels administrative forced demolition. If forced demolition is carried out without a court ruling, it is illegal demolition. In the case of forced demolition, the expropriated person must keep the evidence, take up legal weapons as soon as possible to safeguard his legitimate rights and interests, and promptly consult a professional demolition rights lawyer.

The sooner a lawyer intervenes, the better it will be for the person being expropriated

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail. If you still want to know how to apply for a property rights certificate for a demolished house, how to compensate for demolition with a land certificate, regulations on compensation for land certificate collection, etc., you can consult a lawyer on this site for one-on-one online consultation.