Attorney Nguyen Ngoc Hung – Head of Ket Noi Law Office answers:
Land disputes arise from disagreements over rights and obligations between two or more parties regarding land use. In reality, land disputes are very common and stem from various reasons.
When faced with a dispute, many people want to revoke land-use right certificates that are believed to have been issued to the wrong person or with incorrect land area details.
According to Clause 2, Article 151 of the 2024 Land Law, the State shall revoke issued certificates in cases where they were not granted with the right authority, to the right subject of land use, with incorrect land area, or without meeting the conditions for issuance, among other specified reasons.
When a land dispute arises, the involved parties must undergo mandatory mediation. If mediation fails, you can file a lawsuit at the People’s Court where the real estate is located to seek a resolution.
In the case where your neighbor has unilaterally registered for a red book (land-use right certificate) encompassing your family’s land, their registration is considered incorrect regarding land area. You have the right to request the revocation of their land-use right certificate issued by the competent authority.
To support your case, you should gather evidence related to the land’s origin and your family’s historical land use. This can be done by reviewing the cadastral maps from different periods, examining the land-use books, verifying land-related information through tax receipts, and referring to the land-use right certificate application dossiers.
When a land dispute occurs, mediation is mandatory. According to Clause 2, Article 235 of the 2024 Land Law, and Clause 2, Article 3 of the Resolution No. 04/2017/NQ-HĐTP, in cases of land disputes (regarding who has the right to use the land) that cannot be resolved through mutual agreement, the involved parties should send a request for mediation to the People’s Committee at the communal level where the land is located.
Therefore, in your situation, it is necessary to undergo the mediation procedure at the communal level first. If mediation fails, you can file a lawsuit at the People’s Court where the real estate is located to seek a resolution.
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