Zhiheng Analysis of Law | Lawyer Xiong Ni's Analysis of Guangdong Homestead Disputes and the Path of Legalization --- Based on Central Document No. 1

Authors | Xiong Ni, Zheng Yanxuan

One

Introduction

On February 23, 2025, the No. 1 Central Document for 2025, titled “Opinions of the CPC Central Committee and the State Council on Further Deepening Rural Reforms and Solidly Promoting All-Round Rural Revitalization,” was officially released. This document serves as an “action guide” for rural revitalization and also introduces new directives for the management of rural residential land.

This article will provide compliance guidance for the standardized management of rural residential land by interpreting central policy documents and analyzing various types of residential land disputes that have occurred in Guangdong Province in recent years.

Two

Policy Breakthrough: Three Major Institutional Innovations in Rural Residential Land Management

(I) "Land-and-Property-as-One" property rights clarification reform Document

explicitly states that efforts must be made to ensure the solid implementation of the work related to confirming, registering, and issuing certificates for residential land with attached houses. This means that rural residential land and houses will be registered as a single, integrated unit, with both the land-use right and the ownership of the house recorded on a single certificate. As a result, farmers’ property rights become clearer, which not only streamlines subsequent registration procedures but also effectively prevents various disputes arising from unclear ownership.

For farmers, once land-use rights are officially recognized, the transfer, mortgage, and compensation for demolition of their residential land and houses will all become more convenient.

(II) Mechanism for Activating the Use Rights

In response to the misallocation of idle rural housing resources that has emerged during the urbanization process and to prevent the waste of land resources, this document emphasizes the need to actively explore mechanisms for revitalizing and utilizing such idle properties, allowing collective economic organizations to introduce diverse business models through leasing, equity participation, cooperation, and other means. Transforming idle farmhouses into rural guesthouses, cultural and creative spaces, or elderly care facilities, or by contributing them as equity to cooperatives to participate in rural tourism projects, as well as collaborating with enterprises to develop agritainment businesses, not only increases farmers’ incomes but also injects new vitality into rural revitalization.

(III) The homestead rights and interests of farmers who have registered as urban residents are guaranteed. Document

indicates that, for farmers who have registered as urban residents, their rights to use residential land will be effectively protected in accordance with the law and shall not be arbitrarily deprived. This regulation has greatly alleviated the concerns of rural migrants moving to cities, effectively providing them with reassurance and enabling households to make more flexible choices between urban and rural areas, thereby helping to mitigate potential social conflicts arising during the urbanization process.

At the same time, efforts have been actively made to explore and establish a mechanism for the voluntary and compensated withdrawal of rural residential land. For farmers who are willing to voluntarily relinquish their residential land, they can transfer the usage rights of their residential plots to the village collective or other farmers with genuine needs through a compensated transfer, thereby optimizing the allocation of rural residential land resources and enhancing resource utilization efficiency.

The aforementioned policies not only effectively safeguard the legitimate rights and interests of farmers but also lay a solid institutional foundation for the rational and efficient utilization of rural land resources, thereby strongly promoting sustainable rural development.

Three

The Four Main Types of Rural Residential Land Disputes in Guangdong and Their Legal Regulation

(I) Disputes over the allocation of homestead rights and interests

Typical Case One

● Typical Case: (2020) Yue 0224 Min Chu 248 No.

● Focus of the dispute: Whether a married-out daughter retains her entitlement to residential land allocation.

Summary of the Judgment: Article 23 of the “Measures for the Implementation of the Law of the People's Republic of China on the Protection of Women's Rights and Interests” in Guangdong Province stipulates: “In resolutions of village representative meetings or village assemblies, as well as in village rules and covenants and articles of association of shareholding systems, provisions concerning land contract management, distribution of collective economic organization income, equity distribution, use of compensation funds for land expropriation or requisition, and residential land use shall adhere to the principle of gender equality and shall not infringe upon the lawful rights and interests of women on the grounds of their unmarried, married, divorced, or widowed status.”

Legal Implications:The allocation of homestead rights shall be determined on a comprehensive basis, taking into account household registration status, actual residency, and collective resolutions.

(II) Disputes over illegal transfer

Typical Case No. 2

● Typical Case: (2024) Guangdong 20 Civil Final Judgment No. 5827

●  Case Facts: A lawsuit was filed to declare the purchase of a residential land house by a non-member of the collective invalid.

Summary of the Judgment:The right to use residential land has a social welfare character; rural villagers may obtain such rights gratuitously from the owner of the land only on the basis of their specific status. The transfer of the right to use residential land should be conducted within the boundaries of the respective collective economic organization. The act of urban residents and individuals who are not members of a rural collective economic organization purchasing the right to use residential land not only violates, in terms of the parties involved, the prohibitive provisions of relevant regulations and policies issued by the State Council, but also harms the public interests of the said collective economic organization; therefore, such acts should be deemed invalid.

Focus of this case:In this case, Li is not a villager of XX Town in Zhongshan City and therefore does not possess the requisite legal standing to acquire the residential land use right at issue as claimed by both parties. Therefore, Li’s purchase of the residential land from He and Liang is invalid. Li now sues He and Liang to return the land purchase price of RMB 243,800 and to pay interest, and the court of first instance has granted this claim.

(III) Disputes over homestead land rights confirmation

Typical Case Three

● Typical Case: (2020) Supreme People’s Court Administrative Reexamination No. 375

● Focus of the dispute:Can urban residents with household registration be recognized as the holders of residential land use rights?

The Supreme Court holds that:Although Ji’s household registration is recorded as that of an urban resident, since his retirement he has continuously resided within the collective economic organization and has relied on the collectively owned land of the organization as his primary source of livelihood and housing, thereby establishing stable production and living arrangements.

Ji has the right to apply for the renovation of the ancestral home or, in accordance with the relevant planning, to apply to the village group and the village committee for a homestead to build a new house elsewhere. The relevant village group and the village committee shall sign and affix their seals to indicate their consent, and after verification by the Wuhua County Land and Resources Bureau, a public notice shall be issued.

(IV) Inheritance dispute

Typical Case Four

● Typical Case: (2021) Yue 0606 Min Chu 35022 No.

● Key issue in dispute: Can the children of non-members inherit houses on homestead land?

Summary of the Judgment:The use right of residential land and the ownership of houses are separated: the ownership of residential land belongs to the rural collective, while the use right of residential land and the ownership of houses belong to the farming households. The holder of the residential land use right, taking the household as the unit, shall, in accordance with law, enjoy the rights to possess and use the residential land. In cases where a household member dies while the household itself continues to exist, no issue of homestead inheritance arises.

When a rural household ceases to exist, the rights holder no longer exists, and the right to use the residential land is extinguished. At the same time, in accordance with the relevant provisions of the Civil Code, the deceased’s house shall be inherited by the heirs as part of the estate. Because the house and the land cannot be separated, after an heir inherits the house and thereby acquires ownership of the house, they may use the residential land in accordance with the law; however, they do not acquire a usufructuary right in the form of a residential land use right.

Focus of this case: The evidence submitted by both the plaintiff and the defendant shows that the land parcel on which the property in question is located, registered in the name of Jian, is classified as rural residential land. As there is currently no house standing on this parcel, the plaintiff’s (Jian’s children) claim that the defendant should return the house is inconsistent with the facts, and this Court does not uphold such claim. Since the residential land itself is not subject to inheritance, the plaintiff may not assert any inheritance rights with respect to the land in question, nor does the plaintiff have any right to request its return from the collective organization, which is the defendant. Only if there is a house on the land that can be inherited by the plaintiff may the plaintiff, upon acquiring ownership of the house through inheritance, lawfully apply to the collective organization for continued use of the residential land associated with that house.

In summary, the plaintiff’s claims lack factual and legal basis, and this Court does not uphold them.

Four

A Rule-of-Law-Based Approach to Dispute Resolution

(I) Rights confirmation and registration: solidifying the foundation of rights.

In accordance with Article 363 of the Civil Code and Article 62 of the Land Management Law, the right to use residential land shall be confirmed through the statutory procedures. In 2021, the Ministry of Natural Resources fully implemented the “house-and-land integration” real estate registration system. Villagers should proactively complete the following steps:

(1) Submit proof of ownership. Including certificates of collective land use rights, building approval documents, and historical land-use certificates, among others;

(2) Conduct on-site surveying to determine the boundaries. A parcel map shall be issued by a professional surveying and mapping agency, clearly indicating the coordinates of the four boundaries.

(3) Handling of the public objection period. Objections raised during the public notice period for registered information shall be resolved through the submission of additional evidence or administrative adjudication. The above steps shall be subject to the specific policies of the relevant local authorities.

(II) Standardization of transfer procedures: Strictly adhere to legal red lines.

The transfer of residential land use rights is strictly regulated by the Land Management Law and the Rural Land Contracting Law, requiring compliance with the dual conditions of “internal transfer within the collective” and “government approval.” The specific procedures are as follows:

(1) Restrictions on the transferee. Only members of this collective economic organization are eligible, and they must comply with the “one household, one residence” principle.

(2) Essential clauses of a written contract. The agreement shall specify the transfer price, area, restrictions on use, and liability for breach of contract (in accordance with Article 15 of the Measures for the Administration of Rural Residential Land).

(3) Government filing and review. Township governments conduct a substantive review of the validity of contracts and the eligibility of transferees.

(III) Inheritance and household division planning: preventing family conflicts

According to the Inheritance Chapter of the Civil Code, the right to use a residential land plot may be inherited along with the house; however, it should be noted that non‑collective members are subject to inheritance restrictions: children with urban household registration can only inherit ownership of the house and are not permitted to rebuild or expand it. Regarding the rules for separate household registration and property rights confirmation: family members who meet the conditions for separate household registration should apply in advance to the village committee for a new residential land plot to avoid conflicts arising from “one house, multiple households.” For residential land plots involving a will, it is advisable to formalize the housing allocation plan through a notarized will to reduce the risk of inheritance disputes.

Five

Conclusion

Guangdong’s rural residential land reform is currently facing the dual challenges of “breaking institutional barriers” and “safeguarding rights and interests.” Only by steadfastly advancing the coordinated implementation of rule of law, marketization, and digitalization can we achieve an organic integration of the central government’s policy objectives with local innovative practices. In the future, it is essential to focus on three major trends—transforming qualification rights into property rights, capitalizing usage rights, and advancing intelligent regulation—to provide a “Guangdong model” for nationwide reform.

Author

Introduction

Xiong Ni

Senior Equity Partner Attorney at Zhiheng (Dongguan) Law Firm

Director of the Women Lawyers Committee, Zhiheng (Dongguan) Law Firm

Director of the Land and Construction Law Department, Zhiheng (Dongguan) Law Firm

Business Area

Land and property transactions, land acquisition compensation, government-led demolition, and complex and difficult economic contract disputes

Honor

Member of the 12th Guangdong Provincial Lawyers Association Committee on Legal Issues Relating to State-Owned Assets

Deputy Director of the Eighth Government and Village/Community Legal Counsel Professional Committee of the Dongguan Lawyers Association

Member of the Eighth Committee on the Protection of Lawyers’ Practice Rights of the Dongguan Lawyers Association

Special guest speaker on Dongguan Radio and Television’s program “Walking with the Law”

Guest legal expert on the “Safe Dongguan” program of Dongguan Radio and Television Station

Special Invited Mediator of the Dongguan Financial Consumer Rights Protection Association

Member of the Dongguan Radio and Television Station’s Legal Education Team, Legal Observer

Best Debater, Second Session of the Dongguan Lawyers Association’s Young Leaders Training Camp for Lawyers

Second-place team in the second debate competition of the Dongguan Lawyers Association’s Young Leaders Training Camp for Lawyers.

Dongguan Lawyers Association and Dongguan Youth Talent Development Promotion Association “Youth in Dongguan Speak” Eloquence Award

Classic Cases and Media Coverage

Several cases handled by the firm—ranging from land ownership disputes and disputes over brokerage contracts involving livestreamers to economic contract disputes—have been reported by Dongguan Television’s programs “Inside and Outside the Court” and “Peaceful Dongguan.” Notably, a case involving a livestreamer was re‑broadcast on the official WeChat account of CCTV News.

Zheng Yanxuan

Intern Attorney at Zhiheng (Dongguan) Law Firm

Bachelor of Laws

Working language

Chinese, English

Professional Field

Civil and commercial cases, civil and commercial arbitration, corporate legal counsel

Research Findings

A Study on Difficult Issues in the Adjudication of Collective Land Lease Cases

“How to Establish and Improve the Legal System for Land Expropriation under a Legislative Framework That Distinguishes Between ‘Levy’ and ‘Expropriation’”

Job Responsibilities

Primarily assists in handling civil and commercial cases such as medical disputes and land disputes, criminal litigation cases, as well as non-litigation legal matters including ongoing legal advisory services and contract review.

Contact information

15360548752@163.com

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