The house burned down because of **, and he was forced to go out to work for 20 years. When you are old and want to go home to retire, but the homestead is gone? Negotiations, mediation, petitions, six or seven years of busy work, the problem is still not solved. The old man sued the court to see how the judges of the People's Court of Huarong County, Hunan Province, peeled back the cocoon and recovered the "disappeared" homestead for him.
After 20 years of work, I returned to my hometown, but the homestead was gone?
In March 2003, Zhang's house (78 square meters) in Songjiazui Bazaar, Catfish Town, Huarong County, caught fire for some reason, and his documents and belongings were burned down along with the house.
In 2015, 62-year-old Zhang Si Tai was ready to go home for the elderly because of his advanced age, and he found outHis original homestead was encroached upon by two neighbors, Chen and Yi, and there was not much left. The houses of the surrounding neighbors have expanded to almost wall to wall, and to view the original homestead, there is only a narrow alley only one person wide to connect to the outside world.
The staff of the Letters and Visits Office led the way and went to the scene to check.
Zhang Xitai compared to the house that his neighbor occupied his homestead to expand, and he is over 70 years old and has no fixed residence, and is currently working at a sanitation garbage station.
After unsuccessfully negotiating with the neighbors Chen and Yi on the return of the homestead and the corresponding compensation, they repeatedly reported to the local neighborhood committee and the township petition office that Zhang had embarked on the road of petitioning for many years to "find an explanation". The relevant departments of the township and neighborhood committees and the mediation committee organized consultations between the two sides, but due to the large differences of opinion between the two sides, they could not reach a consensus.
The undertaking judge collected evidence from multiple parties, and the facts gradually became clear
Neither losing money nor giving up the land, Zhang Xi, who was over the age of old, couldn't hold back the anger in his heart, and sued Chen and Yi to the court, wanting to "get back his land" through a lawsuit.
Because part of the house was inherited by Zhang Xitai from his father, and part of it was donated by Zhang Xitai's younger brother, and because of the old age and incomplete information, it is impossible to determine the scope of Zhang's homestead.
To this end, the presiding judge went to the scene several times to collect evidence, asideContact Zhang's younger brother to determine the fact of the gift；sideVisited the surrounding people and investigated the homestead of Zhang, his father and younger brother many years ago；One side passesGo to the land department and look through the paper documentsConsult the land clearance table of Zhang Xita, andMeasure the area of the homestead occupied by Chen and Yi；sidePetition offices, mediation committees, and street staff have been invited to conduct mediation many timesHowever, the accumulation of contradictions has been deep, and it is difficult to resolve them, and the two sides have been organized to negotiate the return of the homestead and compensation to no avail.
The undertaking judge organizes the petition office, the mediation committee, the street staff, and the ** person to mediate.
The facts gradually became clear in the repeated visits and investigations, the facts of the case had been clarified, and the mediation had no resultsNeighbors Chen and Yi returned the homestead belonging to Zhang Tai within a time limit, and paid him the rent for the land since 2015.
After returning the land and paying the money, the old man no longer has to petition
It is easy to make a judgment, but it is difficult to enforce it. How to get the neighbor to demolish the original building, return the land and pay back? How to make Zhang Xitai accept the judgment and end the lawsuit? It has become two difficult problems in front of the presiding judge.
After the verdict was handed down, the presiding judge againI found the neighbor who occupied the land many times, explained the law again, and stated the pros and cons. Eventually, the neighbor took the initiative to demolish the expanded house and compensate the rent that had been occupied for many years. So far, none of the parties has appealed, and Zhang has not petitioned again.
Neighbors demolish buildings that occupy the homestead land.
The judge reminded that the owner of the homestead land has the right to occupy and use the collectively owned land in accordance with the law, and has the right to use the land to build residential buildings and ancillary facilities in accordance with the law. When the homestead is encroached upon, the interests of the homestead user are infringed, and the user has the right to demand the encroacher to return the land; Where damage is caused by encroachment or obstruction, the person in possession has the right to claim compensation for damages in accordance with law.