1. Who is in charge of disputes over rural homestead?
Disputes over the right to use the homestead belong to general civil disputes in principle and can be handled by the following departments according to law:
1, village committee or town, township government, or county government land management department for mediation;
2. You can apply to the land management department for confirmation;
3. You can bring a lawsuit to the court;
4. Other departments.
Second, the specific solution to the homestead dispute
1. In the case of homestead dispute caused by illegal examination and approval by the land management department, the people's court shall file an administrative case for trial because the land management department infringes upon the legitimate rights and interests of the neighboring parties.
2. In the dispute cases caused by collective study outside the homestead, the villagers compete for the collective study outside the homestead for the purpose of occupying more land, expanding the walled yard and piling up sundries. For such disputes, the people's court shall notify the local people's government to apply for settlement. Those who refuse to accept the government's decision may bring a lawsuit to the court, and the court shall accept the case as an administrative case.
3. In the case of disputes caused by the unauthorized exchange of homestead by building households, if villagers exchange homestead privately based on their own interests, the people's court should not only point out the illegality of the actions of both parties, but also suggest that the land management department cancel the building procedures according to law and recover the homestead.
4. Disputes arising from improper use of the homestead affecting the interests of neighboring parties, such as on the same planning line, the foundation pad of the built house homestead is higher than that of the pre-built house homestead, resulting in rainwater and domestic water flowing to the neighboring house homestead, or the covered house and facilities affecting ventilation, lighting and dripping, endangering the safety of others' houses. Or building toilets in inappropriate places will affect environmental sanitation, or block the passage or cut off the natural water flow without authorization. The people's court shall properly handle it in the spirit of legality and rationality, and shall order it to remove the obstruction, eliminate the danger, restore to the original state or compensate for the losses if it does cause damage to neighboring people.
5. Without the consent of * * * users, some * * * employers use the homestead used by * * * without authorization. A homestead can be used by two or more villagers with the same use right, and the land use area of * * * can be shared among * * * people.
6, without the relevant departments to confirm the right and unified planning of the homestead because of the unknown case, for the homestead without the confirmation and unified planning of the disputed boundary, four unknown and cause a lawsuit, the people's court shall inform the parties to apply to the local government for processing. If a party refuses to accept the government's decision, the court shall file an administrative lawsuit.
Third, how to litigate the homestead dispute?
1, complain, know the basic registration information of the other party, you can write it yourself or ask a lawyer to help you write it; And copy according to the number of the other party;
2. Prepare evidence, including the original and photocopy of your ID card, all evidence and photocopies that are beneficial to you in case of dispute with the other party, and other evidence and witness lists that may be helpful to you.
3. Bring legal fees; Go to court to file a case.
Article 109 A lawsuit shall be brought to a people's court, and copies shall be submitted according to the number of defendants.
If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Measures for the Investigation and Handling of Disputes over Land Ownership Article 5 Disputes between individuals, individuals and units, and units and units shall be investigated and handled by the county-level administrative department of land and resources where the disputed land is located. Disputes between individuals and between individuals and units specified in the preceding paragraph may be accepted and handled by the people's governments at the township level upon the application of the parties.