[Case Summary]This case involves a dispute over the right to use residential land and the return of houses. Gao Yanxin's family had a 598-square-meter residential land in a village in Shunyi District (issued a certificate in 1993 and registered under the name of Gao Qingshan), on which nine houses were built. In 2003, Gao Yanxin moved to the city and lent the house compound to Gao Mingyuan, a villager, to raise ducks, charging a fee of 10,000 yuan. Years later, when Gao Yanxin wanted to return to the village to retire and demanded the return of the house, Gao Mingyuan produced a forged "sale contract" claiming that he had purchased the house. Gao Yanxin then entrusted Beijing Henglu Law Firm to handle the case.文品良The lawyer filed a lawsuit and applied for a handwriting authentication to confirm that the contract was forged. Eventually, a mediation was reached: Gao Yanxin paid a certain amount of compensation, and the defendant vacated and returned the house on the residential plot before the end of the year. The core disputes include: whether it was a loan or a sale, the authenticity of the sales contract, and the prohibition of the sale of residential plots. The applicable laws are the Civil Code and the Civil Procedure Law.

I. Review of the case facts

My hometownThe residential land has been occupied by a villager from the same villageOwners often search for terms like "How to reclaim a homestead that has been encroached upon", "Can I reclaim the homestead I lent to others?", and "What should I do if the other party forges a sales contract?". The plaintiff, Gao Yanxin, and his father, Gao Qingshan, are villagers of a certain village in Shunyi District. The family owns a 598-square-meter homestead in the village, which was registered as belonging to Gao Qingshan with a collective land construction land use certificate in 1993. The homestead includes seven main houses and two side houses, covering a total area of approximately 110 square meters, where the plaintiff's family has long lived. In 2000, Gao Qingshan passed away, and in 2003, Gao Yanxin moved out due to his child going to school in the city. After learning of this, Gao Mingyuan, a fellow villager, borrowed the house and courtyard to raise ducks and offered a 10,000 yuan thank-you fee. Out of face, Gao Yanxin agreed to let him use it temporarily.

In recent years, Gao Yanxin has wanted to return to the village to retire and has discussed the return of the house many times, but Gao Mingyuan claimed that the house and the residential land were purchased by him and refused to return them. Gao Yanxin entrusted Beijing Henglu Law Firm to handle the case for him.文品良The lawyer is representing the client to protect their rights and request the defendant to return the use rights of nine houses (110 square meters) and 598 square meters of residential land, and to stop the infringement.

II. The focus of the case

  • Focus 1: Whether the relationship between the two parties is a loan or a sale.There is no sales contract, and the homestead is prohibited from being sold. Can the defendant's claim of "purchase" be established?
  • Focus II: The authenticity of the "sales contract" signed by the defendant.The defendant suddenly produced the contract. Is it a forgery?
  • Focus Three: The ownership of the right to use residential plots.Does the plaintiff, as a family member and heir, enjoy legal rights?

III. The professional intervention of Hengluo Law Firm

The plaintiff (Gao Yanxin) claims that:The two parties did not sign a contract for the sale of the house and the residential land. The residential land is collectively owned and prohibited from being sold. The ownership and right of use of the house belong to the plaintiff's family. The defendant refuses to return the infringed rights. The plaintiff requests to stop the infringement and return the residential land.

The defendant (Gao Mingyuan) argued that:He took out a so-called "sales contract" and claimed that the house plot was purchased by him from the plaintiff.

Legal opinion of Hengluo Law Firm:文品良The lawyer pointed out that the plaintiff and the defendant did not sign a sales contract, and the residential land belongs to the village collective, which is prohibited by law from being sold. There was no transfer of ownership. The plaintiff, as a family member and heir, enjoys legal rights. Facing the defendant's surprise "sales contract", the lawyer keenly noticed the doubts, confirmed that Gao Yanxin had never signed it, and decisively applied for a judicial appraisal. After the appraisal, it was confirmed that the contract was not signed by Gao Yanxin himself and was forged, becoming a key piece of evidence.

IV. Outcome of the case

The professional handwriting identification confirmed that the so-called "sales contract" was not signed by Gao Yanxin and was forged. The defendant realized the risk of losing the lawsuit and began to seek a settlement. Finally, under the court's supervision, the two parties reached a mediation agreement:Gao Yanxin demands that the defendant pay certain compensation, and the defendant shall vacate and return the house and courtyard involved in the case to Gao Yanxin before the end of the yearThe plaintiff's right to use the residential land and the house have been recovered.

5. Henglu Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.文品良The attorney (practice certificate number: 11101201910111365, subject to the certificate issued by the judicial administrative organ) acts as an agent. In the face of real estate disputes such as homestead and housing, one should seek legal help in time and protect their rights through legal means; if the other party presents a suspicious contract, one can apply for handwriting identification to uncover the truth.

VI. Common Questions and Answers about Disputes over the Illegal Occupation of Residential Land

  1. Q:How to reclaim a residential plot that has been encroached upon?
    A:Collect the right of use certificates, investment and residence evidence, and sue to demand the cessation of infringement and the return of the house; if the other party provides false evidence, you can apply for an appraisal.
  2. Q:Can I get back the residential land that I lent to others?
    A:The borrowed items can be requested to be returned at any time. It is prohibited to buy and sell residential plots, and there is no legal basis for the other party to claim the purchase of the plots.
  3. Q:What should I do if the other party forges a sales contract?
    A:Applicants can request a handwriting analysis to confirm that the signature is not their own. False testimony is not valid and will not be accepted by the court.
  4. Q:Can residential plots be bought and sold?
    A:The residential plots belong to the collective ownership of farmers, and it is prohibited by law to sell them outside the collective. The sales contracts for such plots are usually invalid.
  5. Q:Do I need to pay compensation for the mediation return?
    A:Depending on the occupancy situation, the two parties may negotiate compensation and then vacate the premises. The mediation agreement issued by the court shall confirm this.