Homestead According to Chinese laws, the homestead belongs to farmers' collective ownership, and individual citizens have no ownership, only the right to use it. At the same time, according to Article 37 of the Guarantee Law of People's Republic of China (PRC), collectively owned land use rights such as cultivated land, homestead and hilly land shall not be mortgaged.
The legal effect of the transfer of the right to use the homestead;
1, the right to use the homestead shall not be transferred separately, and it shall be deemed invalid in any of the following circumstances:
(1) purchased by urban residents;
(2) legal persons or other organizations purchase;
(3) The transferor has not been approved by the collective organization;
(4) Transferred to a person other than a member of a collective organization;
(5) The transferee's existing house does not meet the allocation conditions of homestead.
2, the transfer of the right to use the homestead must also meet the following conditions:
(1) The transferor owns two or more rural houses (including homestead);
(two) the transfer of members within the same collective economic organization;
(three) the transferee has no housing and no homestead, which meets the conditions for the distribution of the right to use the homestead;
(4) the transfer behavior is approved by the collective organization;
(5) The right to use the homestead shall not be transferred separately, and the land shall be transferred together with the house;
The above is "Guiding Opinions on Judicial Practice in the Supreme People's Court-Understanding and Application of People's Republic of China (PRC) (People's Republic of China (PRC)) Property Law" compiled by the Supreme People's Court Property Law Research Group. Please refer to local provincial and local legislation for detailed questions.
Measures for the Administration of Rural Homestead in Hebei Province:
Article 1 In order to strengthen the management of rural residential land, standardize the order of rural construction land and protect the legitimate rights and interests of rural villagers, these Measures are formulated in accordance with the provisions of the Land Management Law of the People's Republic of China and the Regulations on Land Management of Hebei Province, combined with the actual situation of this province.
Article 2 The rural areas mentioned in these Measures include villages and market towns.
The term "rural homestead" as mentioned in these Measures refers to the land and courtyard land used by rural villagers to build houses, kitchens, toilets and other facilities.
Article 3 These Measures shall apply to the management of rural homestead within the administrative area of this province.
Fourth land administrative departments of the people's governments at or above the county level shall be responsible for the management of rural homestead within their respective administrative areas.
Fifth people's governments at all levels and their relevant departments and villagers' committees shall encourage rural villagers to build houses with more than two floors, and carry out the transformation of old villages according to the planning of villages and market towns.
Rural villagers should make rational and intensive use of land in building houses, and use land in strict accordance with the overall land use planning and the planning of villages and market towns. Kugaji can be used in the village, and it is not allowed to occupy cultivated land to build houses.
Sixth rural villagers to build houses, should obtain land use rights in accordance with the law. Illegal occupation of land for building houses is prohibited. It is forbidden to buy, sell or illegally transfer rural homestead by other means.