The Solution Of The Conflict Between The House Ownership And The Proerty Right On The Land

There is still conflict between the ownership of the house and land usufructuary rights including right to use construction land、right to use house sites and easement,which are both protected by law.And in the quake areas of wenchuan county, the loss of houses and land sharpened the ownership of the house and land usufructuary rights conflict.The conflict rules can neither harm the interests of the ownership of the house, also cannot harm the interests of land usufructuary holder.The frist research method of this paper is the literature methodology, it is the way grasping of the related issues.The second was the interview method, this method is in order to get first-hand material.Under the current law framework, there are three ways to solve this conflict, one is to make clear definition of’public interest priority"; Two is to allow crackage simultaneously transferred ownership and land use right; Three is insisting on market problem solving, the government is not excessive market intervention.