Inheritance of Rural Homestead Use Rights Under China’s “Separation of Three Rights” Framework: Judicial Observations, Legal Dilemmas, and Institutional Pathway

The inheritance of rural homestead use rights represents a critical challenge in China’s ongoing land tenure reform, particularly under the “Separation of Three Rights” framework. Under this framework, a central legal difficulty arises when privately owned rural houses are inherited while the underlying homestead remains subject to collective ownership, membership-based qualification, and land-allocation rules. Drawing on 35,966 published judicial documents from 2013 to 2024, together with representative judicial decisions, relevant legal norms, and local reform practices, this study examines recurring legal dilemmas surrounding the inheritance of rural homestead use rights. The analysis highlights three interrelated legal issues: the continuity of the existing household-based homestead relationship following the death of a household member; the application of the “one-household-one-homestead” rule to inheritance-related land use; and the relationship among inherited house ownership, collective membership, and continued use of the underlying homestead. To resolve these structural impasses, this study proposes a framework for the formation, continuation, and termination of land-use relationships arising from rural house inheritance. Within this framework, statutory lease provides a supplementary legal basis for continued use, paid use adjusts interests during continued occupation, and voluntary compensated withdrawal facilitates orderly termination and resource reallocation. The proposed framework seeks to coordinate inherited property interests, membership-based residential security, and the effective use of collectively owned rural land.

Authors

Institutions

Publication Details

Journal
Land
Published
2026-10-28
DOI
https://doi.org/10.3390/land15112053
Primary Topic
Land Rights and Reforms
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Inheritance of Rural Homestead Use Rights Under China’s “Separation of Three Rights” Framework: Judicial Observations, Legal Dilemmas, and Institutional Pathway

Shangpu Li, Weijun Chen, Xiaojie Yang, Shuyu Fan et al.
3 links
Land
Land Rights and Reforms
article

Inheritance of Rural Homestead Use Rights Under China’s “Separation of Three Rights” Framework: Judicial Observations, Legal Dilemmas, and Institutional Pathway

Shangpu Li, Weijun Chen, Xiaojie Yang, Shuyu Fan, Yu Fang
article en

Abstract

The inheritance of rural homestead use rights represents a critical challenge in China’s ongoing land tenure reform, particularly under the “Separation of Three Rights” framework. Under this framework, a central legal difficulty arises when privately owned rural houses are inherited while the underlying homestead remains subject to collective ownership, membership-based qualification, and land-allocation rules. Drawing on 35,966 published judicial documents from 2013 to 2024, together with representative judicial decisions, relevant legal norms, and local reform practices, this study examines recurring legal dilemmas surrounding the inheritance of rural homestead use rights. The analysis highlights three interrelated legal issues: the continuity of the existing household-based homestead relationship following the death of a household member; the application of the “one-household-one-homestead” rule to inheritance-related land use; and the relationship among inherited house ownership, collective membership, and continued use of the underlying homestead. To resolve these structural impasses, this study proposes a framework for the formation, continuation, and termination of land-use relationships arising from rural house inheritance. Within this framework, statutory lease provides a supplementary legal basis for continued use, paid use adjusts interests during continued occupation, and voluntary compensated withdrawal facilitates orderly termination and resource reallocation. The proposed framework seeks to coordinate inherited property interests, membership-based residential security, and the effective use of collectively owned rural land.

LandVol. 15(11)
South China Agricultural University (CN), Jinan University (CN)
Peace, justice, and strong institutions
Openalex Percentile: Top 15%
Land Rights and Reforms
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Laika access coming soon