How to confirm the right of rural homestead

Legal analysis: according to law, a rural villager can only own a homestead whose use does not exceed the specified area. Homestead exceeding the specified area shall be treated according to different historical stages: 1982 Before the implementation of the Regulations on the Management of Rural Construction Land, the homestead occupied by rural villagers for building houses, but if the land area has not been expanded since the implementation of the Regulations on the Management of Rural Construction Land, it can be registered according to the existing actual use area.

Legal basis: Land Administration Law of the People's Republic of China

Article 11 Land collectively owned by peasants belongs to village peasants collectively according to law, and is managed by village collective economic organizations or villagers' committees; Farmers' collective houses that already belong to two or more rural collective economic organizations in the village are managed by the rural collective economic organizations or villagers' groups in the village; Farmers who have returned to their hometowns (towns) are collectively owned and managed by rural collective economic organizations in townships (towns).

Twelfth land ownership and use right registration, in accordance with the relevant laws and administrative regulations of real estate registration. Land ownership and use rights registered according to law are protected by law, and no unit or individual may infringe upon them.

Article 13 Cultivated land, forest land, grassland and other land owned by farmers collectively and the state and used for agriculture according to law shall be contracted by households within rural collective economic organizations, while barren hills, gullies, hills and beaches that are not suitable for household contracting may be contracted by means of bidding, auction and public consultation to engage in planting, forestry, animal husbandry and fishery production. The contract period of cultivated land contracted by family is 30 years, grassland is 30 to 50 years, and woodland is 30 to 70 years; After the expiration of the contract period of cultivated land, it will be extended for another 30 years, and the contract period of grassland and woodland will be extended accordingly according to law. State-owned land used for agriculture according to law can be contracted by units or individuals to engage in planting, forestry, animal husbandry and fishery production. The employer and the contractor shall conclude a contract according to law, stipulating the rights and obligations of both parties. Units and individuals contracted to operate land have the obligation to protect and rationally use the land according to the purposes agreed in the contract.