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宅基地使用权是宅基地使用权人依法享有的占有、使用农村集体土地建造住宅和附属设施并长期保有的权利。考虑到宅基地使用权具有成员权属性,其取得通常较为低廉或者无偿,且现行宅基地只能以“户”的名义进行申请,因此认定在此基础上建造的农村房屋所有权为家庭共同共有较为妥当,保障了农村居民最低限度的福利,使其居有定所。
The right to use homesteads is the right of the owners of the homesteads to occupy the land according to law, and uses the rural collective lands to build houses and ancillary facilities for long-term preservation. Considering that the right to use homesteads has the property of membership, their acquisition is usually cheaper or free, and existing homesteads can only be applied under the name of “household”. Therefore, it is considered that the construction of rural house ownership based on this is family common A total of more appropriate, to protect the minimum benefits of rural residents, so that they have a home.