Legal analysis: 1. The right to use the homestead enjoys the right to possess and use the collectively owned land according to law. If the homestead is lost due to natural disasters, the right to use the homestead will be lost. 2. Homestead, private plots and private hills are collectively owned by farmers, and rural villagers can only own one homestead. 3. If the land owner enjoys the easement or bears the easement, when the right to use the homestead is established, the right holder of the land homestead will continue to enjoy or bear the easement. 4. Where the land contractual management right, construction land use right and homestead use right have been established on the land, the land owner may not establish an easement without the consent of the usufructuary right holder. Rural homestead is only a right to use, and the ownership belongs to the village collective. Farmers enjoy the ownership of the attachments on the homestead, and have the right to buy, sell and rent, and are not infringed by others. After the house is sold or leased, the right to use the homestead is transferred to the transferee or lessee, but the ownership of the homestead always belongs to the collective. If you apply for a homestead after selling or renting the house, it will not be approved. The land used by farmers for building houses and small courtyards shall not exceed the standards set by provinces, autonomous regions and municipalities directly under the Central Government.
Legal basis: Article 6 of the Land Administration Law of the People's Republic of China. The institutions authorized by the State Council supervise the land use and land management of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and the people's governments of cities designated by the State Council.