How to file a lawsuit for real estate disputes

Generally speaking, most real estate disputes constitute civil cases, which belong to the scope of acceptance of civil cases by the people's courts, and a few belong to the scope of acceptance of administrative cases. However, some real estate disputes do not belong to the scope of acceptance by the people's courts and should be accepted by other departments. Therefore, before bringing a lawsuit, we must first understand the nature of our own real estate disputes and find out whether they belong to the scope of acceptance of the people's courts, so as to avoid futility. According to the relevant legal provisions and practical experience of judicial trial, the parties to the dispute should pay attention to the following boundaries in the scope of accepting cases: 1. Any disputes arising from civil acts such as buying, selling, leasing, pawning, building contracting (including survey, design and construction) and joint venture, agency, intermediary, use, transfer and right confirmation with real estate as the subject matter can be brought to the people's court, and the people's court will treat them as civil cases. 2. Due to the dispute over the allocation of the right to use public houses within the unit, if the employees of the unit have opinions on the decision on housing allocation, it does not belong to the scope of court acceptance and cannot bring a lawsuit to the court; If the mortgagee (or other living relatives who should move out of the old house occupy the old house) gets a new house and occupies the old house unreasonably, the aggrieved person (including the unit and the legal mortgagee) may bring a lawsuit to the court on the grounds that the unit allocation is unreasonable. 3. If the unit allocates the employee's right to use the house and has a housing distribution contract, if the employee leaves or resigns for his own reasons, or is removed from the list or expelled from the unit, and the unit recovers the right to use public houses according to the contract requirements, it may bring a civil lawsuit to the court. 4. Housing disputes between units caused by administrative allocation and other reasons are not within the scope of court acceptance, and the parties concerned shall apply to the relevant competent authorities for settlement. The right to use the house is allocated by the administration for historical reasons. If the owner of the house wants to recover the house for his own use or the specified rent, he can bring a lawsuit to the court, which will generally accept it as a civil case. 5 real estate disputes caused by illegal buildings, and disputes caused by the identification and demolition of illegal buildings shall be accepted by administrative organs. If the administrative organ fails to handle it according to law or improperly handles it, the party concerned may bring a lawsuit as an administrative case. However, civil disputes such as sale, lease and mortgage, as well as neighborhood disputes caused by illegal buildings obstructing ventilation and lighting of others, can be brought to court as civil cases. Disputes arising from improper examination and approval of building permits by relevant departments that affect the ventilation and lighting of others shall generally be settled by the plaintiff to the relevant departments, or administrative proceedings may be brought to the court. 7. Cases involving the implementation of private saving policies, such as private saving in socialist transformation, real estate managed by relevant departments in the early days of the founding of the People's Republic of China, and the implementation of private saving policies for overseas Chinese and compatriots from Hong Kong, Macao and Taiwan. The plaintiff shall apply to the local private saving policy department or the relevant competent department for settlement. However, if the relevant departments first implement the property and then revoke it according to the private saving policy, the parties concerned may bring an administrative lawsuit to the court if they are not satisfied with the specific administrative act of revocation.