According to Clause 47, Article 3 of the 2024 Land Law, a land dispute is a dispute over the rights and obligations of land users between two or more parties in a land relationship.
Types of land disputes include:
- Disputes over land use rights: Disputes between users about the boundaries between land areas. This type of dispute is caused by one party arbitrarily changing the boundaries or two parties disagreeing with each other and not being able to determine the boundaries. In some special cases, the land area of another person is occupied.
- Land reclamation dispute: This is a type of dispute to reclaim land and assets attached to land that were previously owned by that person or their relatives.
- Disputes over rights and obligations arising during land use: This is a type of dispute over issues related to civil contracts. This type of dispute can be a request to perform obligations, recognize the validity of a contract, declare a civil transaction invalid...
- Land-related disputes: Disputes related to land use rights when a couple divorces, disputes over land use inheritance rights.
What is the procedure for issuing a red book for disputed land? (Illustration photo)
Procedures for granting red books for disputed land
Before submitting the application for a red book, the People's Committee of the commune, ward or town where the land is located will publicly post the current status of the land plot, the status of the dispute... at the People's Committee headquarters and the residential area where the land is located for 15 days. After that, the People's Committee will consider and resolve any feedback (if any).
To determine the land plot boundaries, surveyors coordinate with land officials at the commune or village level, and residential groups to support and guide the determination of the current status and land use boundaries with related land users and managers.
From there, the surveyors mark the tops of the plots with stakes, paint lines and create a boundary description as a basis for measuring the plot boundaries. During the measurement process, the surveyor will ask the land user to present documents related to the land.
During the process of measuring your land plot, the neighbors and adjacent landowners must be present. If they are absent, a public announcement must be made within 15 days. If during the announcement period, the neighbors refuse to sign the boundary because of a dispute, or request to resolve the dispute, the People's Committee of the commune, ward or town where the land is located will mediate. At this time, the procedure for requesting a red book will be suspended.
During the mediation process, if both parties successfully mediate, the dispute ends, at which point the People's Committee will consider issuing the red book to the owner. In case the mediation is not completed, the owner or the disputing party has the right to file a lawsuit in court....
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