If the ownership and legality of the land use right are involved, it is suggested to solve the dispute through legal channels first. Before the land dispute is resolved, subletting and other land use behaviors are not recommended, so as not to further aggravate the dispute.
Land sublease refers to the behavior of the original land contractual management right holder to lease the land contractual management right to others. The process of subletting land usually includes the following steps:
1. Sign a sublease agreement: the original land contractual management right holder and the sublessor need to sign a sublease agreement to specify the lease term, rent and other related matters;
2. Apply to the local land management department: the original land contractual management right holder needs to apply to the local land management department for sublease and submit relevant materials, such as sublease agreement and identity certificate;
3. Audit of land management department: After the land management department has audited the relevant materials and confirmed that they meet the relevant regulations and requirements, it will issue the land contractual management right transfer contract to the original land contractual management right holder;
4. Payment of land transfer fee: the original land contractual management right holder needs to pay the land transfer fee according to the regulations;
5. Transfer of land contractual management right: the original land contractual management right holder needs to transfer the land contractual management right to the sublessor and go through relevant procedures, such as land registration and land use certificate;
6. Termination of sublease: When the sublease term expires or other circumstances occur, the sublease shall apply to the original land contractual management right holder for termination of sublease and go through relevant procedures.
To sum up, the specific process and related requirements of land subletting may vary from region to region. Applicants are advised to carefully read the relevant regulations and requirements of the local land management department before handling, and go through the formalities as required.
Legal basis:
Article 9 of the Land Administration Law of the People's Republic of China
Land in urban areas belongs to the state.
Land in rural areas and suburban areas belongs to farmers' collectives, except for those that are owned by the state according to the law; Homestead, private plots and private hills are collectively owned by farmers.
Article 10
State-owned land and land collectively owned by farmers can be determined for use by units or individuals according to law. Units and individuals that use land have the obligation to protect, manage and rationally use land.