Mistakenly Built House on Wrong Land, Swapped, Then ‘Mistakenly Built Again’: Homeowner Speaks Out

Overconfidence!?

Following the article ‘Building a House on Someone Else’s Land, Swapping, Then ‘Building Wrong Again’, Tien Phong newspaper had a conversation with Mr. Le Quang Hai, the owner of the house under construction.

Mr. Hai shared that he purchased plot 172, map sheet 55, alley 92/61 on Nguyen Xuan Nguyen Street, Tan An Ward (Dak Lak) in 2024 when he and his wife had a child and moved out on their own. Through a brokerage firm, he learned about the plot and finalized the purchase.

According to Mr. Hai, when inspecting the land, the broker used Guland (an online land-use planning inquiry app) to check satellite imagery and compare it with the actual site. The previous landowner had already marked the boundaries of each plot with paint. By comparing the satellite imagery on Guland, Mr. Hai determined that his plot was located about 5 meters to the right of an existing utility pole. Overconfident that it was correct, he did not hire a surveyor to remeasure the plot’s coordinates and began construction.

When applying for a construction permit, Mr. Hai measured the 5-meter width of his plot (from the utility pole to the right) and even deducted an additional 5 cm to avoid encroaching on others’ land.

After completing the foundation, while having coffee, he met a woman who mentioned she owned plot 179. She informed him that between her plot and his was another plot, number 180, owned by Mr. Nguyen Van Ban (born in 1971, residing in Krong Nang, Dak Lak). Realizing the oversight, Mr. Hai halted construction and hired a company specializing in RTK (Real-Time Kinematic) surveying for precise verification.

Rebuilding the House Based on Machine-Measured Coordinates

Mr. Le Quang Hai explained that the machine-measured coordinates revealed a discrepancy compared to the built foundation. Concerned, he submitted a request to the People’s Committee of Tan An Ward, asking them to invite all parties for inspection and verification. Using a tape measure from the road to the end of the plot based on the old map and the utility pole as a reference, the plot was found to be only 1 meter off from the current foundation. However, the machine coordinates indicated a 3-meter discrepancy. Mr. Hai then contacted the Buôn Ma Thuột Land Registration Office (former) to obtain an official land coordinate extract. With the extract and remeasured machine coordinates, it was confirmed that part of his plot overlapped with Mr. Ban’s plot 180, contrary to the previous handover.

During discussions with the People’s Committee of Tan An Ward, Mr. Nguyen Phuong Huy (born in 1987, residing in Tan An Ward), authorized by Mr. Ban, proposed a land swap. However, as the overlap was nearly in the center of both plots, Mr. Hai decided against swapping. Instead, he hired a surveying company to remeasure the coordinates accurately based on the issued Land Use Rights Certificate (LURC).

“The previous owner, who holds the last plot in the row, suggested accepting a 5-meter setback for his plot, allowing me to adjust my house 5 meters from the original foundation to match the handover position. However, I was concerned that other landowners might not agree, as some follow physical boundaries while others rely on coordinates. With 15 landowners involved, I decided to demolish the original foundation and rebuild it according to the machine-measured coordinates and the issued LURC. Let the authorities determine who is right or wrong, and who encroached. I’ll await their decision,” Mr. Hai shared.

When asked why he didn’t invite neighboring landowners for a joint meeting during the final survey to avoid future complications, Mr. Hai replied, “I’ve coordinated. We’ve met at the People’s Committee of Tan An Ward at least four times. However, Mr. Ban’s family didn’t attend fully, and they only wanted to swap plots. I couldn’t force them or wait indefinitely, as the purchased materials would rust, causing further losses. The costs of multiple surveys, labor for demolishing the original foundation, and constructing a new one have already reached 150 million VND.”

Mr. Hai admitted his overconfidence in not hiring a surveyor to mark the coordinates from the start. Most other landowners received their land certificates and boundaries as handed over by the previous owners. In reality, after surveying and construction, his plot’s area no longer matched the original purchase due to changes in the front road.

“Mr. Ban’s family uses the old boundary, measured 5 meters to the right of the utility pole, and claims my new house encroaches over 2 meters onto their land,” Mr. Hai noted.

According to Mr. Hai, the next step is to await the authorities’ intervention for a clear resolution.