China has a rich cultural heritage and historical heritage, which is an important feature of the security of the ideological and cultural environment. With the needs of reform and development, some people may have settled in another city for a long time and have also moved their hukou to the local area. And "falling leaves return to the roots" is one of the most important ideological and cultural heritage of the Chinese for thousands of years, and when they are old, they still want to return to the place where they grew up. At this time, there will be a situation where the ancestral old house is demolished, but the homestead is still there. ThatWho will belong to the ancestral house after the demolition of the homestead?
1. Who will belong to the ancestral old house after the homestead is demolished?
After the demolition of the ancestral house, the homestead was owned by the village collective economic organization. According to the Land Management Law of the People's Republic of China, the ownership of homestead land belongs to the village collective economic organization, and farmers or individuals only have the right to use the homestead. If the house on the homestead is demolished, the right to use the homestead remains, but the ownership of the house belongs to the individual, so when the house is demolished, the house compensation goes to the owner of the house, and the homestead compensation goes to the village collective economic organization.
2. Who is the ownership of the homestead after the house is demolished?
1. After the house is demolished, the ownership of the homestead belongs to the village collective.
Rural homestead is only a right of use, and the ownership belongs to the village collective. Farmers have ownership of the attachments on the homestead and have the right to buy, sell and lease them, and not be infringed upon by others. When the house is sold or leased, the right to use the homestead is transferred to the transferee or lessee, but the homestead ownership is always collectively owned. Those who apply for homestead land after selling or renting out their houses shall not be approved. The land used by peasant households for the construction of houses and small courtyards shall not exceed the standards set by provinces, autonomous regions, and municipalities directly under the Central Government.
2. Land owned by rural collectives needs to be confirmed.
Land owned by peasant collectives, by the landowner to the land at the county level of the people's land administrative departments at the county level to apply for land registration, by the county-level people's registration register, issued a collective land ownership certificate, confirm ownership. If the land owned by the peasant collective is used for non-agricultural construction in accordance with the law, the land user shall submit an application for land registration to the county-level people's land administrative department where the land is located, and the county-level people's land shall register and issue a certificate of collective land use right to confirm the right to use construction land.
In short, according to Article 11 of the Land Management Law, the land owned by the peasant collectives belongs to the village peasant collectives in accordance with the law, and is operated and managed by the village collective economic organizations or villagers' committees; Where a farmer's collective is already owned by two or more rural collective economic organizations in the village, it shall be operated and managed by the rural collective economic organization or villager group in the village; Those that are already owned by township (town) peasant collectives shall be operated and managed by township (town) rural collective economic organizations.