At present, because the land of migrant workers can't be cultivated, many farmers choose to transfer their land by leasing more and more. However, in the process of land transfer, some people do not understand the land transfer policy, which has also caused many disputes. Someone asked, can rural land be permanently transferred? Can the permanently transferred land be recovered through private negotiation?

1. Can rural land be permanently transferred?

According to the relevant provisions of the rural land contract law, the term of land transfer shall not exceed the remaining term of the contract period. Article 21 of the Rural Land Contract Law stipulates that the contracted period of cultivated land is thirty years. Grassland contract period is 30 to 50 years. The forest land contract period is 30 to 70 years. The contracted period of cultivated land stipulated in the preceding paragraph shall be extended for another 30 years, and the contracted period of grassland and forest land shall be extended accordingly in accordance with the provisions of the preceding paragraph. ?

As can be seen from the above, although different types of land have different contract periods, they all have contract periods, and the land transfer period cannot exceed the remaining period of the contract period, so rural land cannot be permanently transferred.

There are many ways of land transfer, such as leasing, subcontracting and transfer. According to the contract law, the lease contract can only be signed for 20 years at a time. Therefore, if it is a lease transfer, according to the relevant provisions of the Contract Law and the Rural Land Contract Law, the longest period of land lease cannot exceed the remaining period of the contract period and cannot exceed 20 years. For example, the contracted cultivated land expires in 2057, and the land lease contract is signed now, and it will not be signed until 2040 at the longest.

Second, can the land permanently transferred through private consultation be recovered?

According to the rural land contract law and other laws and regulations, both parties to the transfer of land management rights should sign a written transfer contract. In rural areas, especially between acquaintances, it is generally an oral agreement, and a written transfer contract is rarely signed.

If it is an oral agreement, then neither party in circulation is bound by the contract. In this case, whoever loses has no place to argue and can only bear it himself. In other words, if the land is transferred by oral agreement, once the lessor reneges and wants to recover the land, the transferee can only bear the bitter fruit silently.

If a legal written transfer contract is signed, the lessor cannot recover the land within the contract period. However, as we said before, rural land cannot be permanently transferred. If both parties sign a permanent transfer contract, it is not in compliance with the law. However, in this case, both parties have responsibilities. It is suggested that both parties negotiate well and the repentant party give the other party some compensation.

Special reminder: At present, the land circulation market is very active, but there are also many land circulation disputes. I suggest that you must pay attention to standardizing the transfer procedure, avoid verbal agreement, and sign a legal written transfer contract, which stipulates the land transfer price, payment method, payment period, transfer period, liability for breach of contract, etc.