Traditional Culture Encyclopedia - Traditional stories - Distance between rural homestead and cultivated land

Distance between rural homestead and cultivated land

Rural homestead is only a right to use, and the ownership belongs to the village collective. Farmers enjoy the ownership of the attachments on the homestead, and have the right to buy, sell and rent, and are not infringed by others. After the house is sold or leased, the right to use the homestead is transferred to the transferee or lessee, but the ownership of the homestead always belongs to the collective. The application for homestead after the sale or rental of houses shall not be approved. The land used by farmers for building houses and small courtyards shall not exceed the standards set by provinces, autonomous regions and municipalities directly under the Central Government. Rural homestead refers to the rural land that restricts the members of the collective economic organization to meet the conditions and enjoy the right to use according to the standards stipulated by laws and regulations, and is used to build their own residential houses. Rural homestead refers to the rural land that restricts the members of the collective economic organization to meet the conditions and enjoy the right to use according to the standards stipulated by laws and regulations, and is used to build their own residential houses. Farmers only have the right to use the homestead, and the land belongs to farmers collectively. Homestead can only be circulated within the village collective. According to the land management law, the homestead is not real estate, but the right to use, and the ownership belongs to the village collective. Homestead can neither be bought or sold nor inherited, but it can be circulated within the village collective, and the land management department will examine and approve it according to law and issue a certificate.

Due to the dual system of urban and rural areas in China, more and more people are "turning from agriculture to Africa" in the wave of urbanization. For whatever reason, once the registered permanent residence is transferred, it loses the right to inherit the old house base and cannot be bought back. It can only watch helplessly as the "ancestral home" becomes the asset of the village collective.

Legal basis: According to Article 152 of the Civil Code, the owner of the homestead has the right to possess and use the collectively owned land and the right to use the land to build houses and ancillary facilities according to law. The acquisition, exercise and transfer of the right to use the homestead shall be carried out in accordance with the land management law and relevant state regulations.