Believe person of a lot of change that be torn open has such experience, be torn open when the building change when, the area on the area with actual building and house property card is abhorrent, encounter this kind of circumstance how to should calculate after all?
In this kind of dispute that tear open change, the commonnest is the circumstance that actual area is more than area of house property card. And because be torn open,a lot of moment are formalities of property right of change person building is diseased and cause.
Every time this moment, person of the change that be torn open is to hope which area calculates by which greatly for certain, and the Fang Zexi that tear open change hopes which area is small calculate by which. Apparent, tear open change just is this one weakness that tries to use building of the change that be torn open, decrease to be torn open the compensation of change person. So tear open does change just do be good law this to set?
To pay fee handling card less, sign up for building area less, encounter tear open indulge was dumbfoundedLive in Zhejiang stage city of some county make a gentleman, going up unified program of place of 80 time course builds the century after base curtilage building. At that time the reason because of economic condition, just build an one-storey house, curtilage base is odd also very large area. Need because of the life later, in 90 time when add in the courtyard again through examining and approve built a part to live to use a room accessorily.
2005 when, place unites card of conduction house property, make a gentleman handle the charge of house property card to be handed in less, filled less signed up for area of one branch building. Actual area wants the area ratio that this caused house property disease a lot of smaller.
Think to be done so originally and do not have what misgivings, but 2015, the building that makes a gentleman was delimited be in the city the village transforms limits inside. Tear open change to just find a place for according to compensation plan, compensation area is registered with house property card to allow, do not give compensation with respect to the building of a few such square. Made a gentleman be dumbfounded.
Make administration affirm without investigation, not program of be good lawMake him gentleman do not know a way, but the area that always feels mere to be registered with house property card undertakes compensation is unreasonable. But do not have by oneself force only method and tear open change to just contend, made a gentleman find love earth to tear open change lawyer group then, the hope counterpoises through legal approach dimension.
After love earth tears open change lawyer to know the case that makes a gentleman, think:
The area that makes a gentleman was not registered in house property card above all is not equal to violate the rules and regulations to build, registering is matter right counterpoises truly behavior, is not the only standard with judgement whether legal structure, the building area that because this is right,did not register is same granting to compensate is unreasonable.
Next, basis " house of state-owned land main rooms collects with compensation byelaw " the 24th the 2nd section provision: Before government of people of class of city, county makes a building collect a decision, ought to organize concerned branch to be opposite lawfully collect undertake investigating without the building that register inside limits, maintain and handle. Approve term to be built legally and did not exceed to maintaining temporarily architectural, ought to offer compensation; Be built to break the law to maintaining and approve term more than temporarily architectural, do not grant to compensate.
According to this regulation, ask for debit and undertake investigating without the area that did not register to making a gentleman, maintain granting to compensate directly directly is solid without the thing basis, the order also violates.
Love earth tears open change lawyer to accept after making a gentleman entrust, sue the behavior that collects what just make to should compensate an area to maintain to break the law to the court instantly. Final court adopted the lawyer's point of view, cancel collect what just make to maintain, this laid very good foundation to make a gentleman strive for reasonable compensation.
The area that do not have card differs to establish an area at violating, can advocate reasonable compensationAccording to making the gentleman's case we can see, law stipulates floor area of violate the rules and regulations does not grant to compensate only, without the regulation the area that do not have card does not grant to compensate, after stipulating to having card the area should investigate concerned fact lawfully however, make processing maintain according to particular case.
Differ to establish an area at violating without card area so, need investigates person of the change that be torn open to whether violate national regulation in construction building, because was not registered,cannot counterpoise not to grant to compensate truly merely.
If think to ask for debit to compensate an area to maintain,have by accident, person of the change that be torn open should be right proof this administration affirms debit to be sued in time. Lest collect square cognizance behavior to give birth to effect hind, it is difficult to be caused to person of the change that be torn open easy redeemed consequence, raised compensation to also increase difficulty to later period.
Civil / love earth tears open change lawyer round Yang Hong
