Does a person applying for certificate of land use rights need to consult adjacent land parcel users

Does a person applying for certificate of land use rights need to consult adjacent land parcel users?
Posted date: 25/08/2020

My land has a fence of trees, this fence is the boundary for my land area and the neighbour's land area. A few days ago, they voluntarily demolished the fence of trees and build a fence wall on my land. They suppose they build as the area in the red book.

I know that my neighbour’s house was issued a certificate of land use rights in 2014 with the land area overlapping on the area of my land

When they applying for a certificate of land use rights, I haven’t received any document from state agencies to determine the boundary of areas.

I want to ask a lawyer, Does a person applying for a certificate of land use rights need to consult the owner of the adjacent land parcel?

FDVN’s opinions:

Thank you for concerning FDVN legal services. Base on your consulting requirements, after studying the legal documents, FDVN Law Firm offers the following opinions:

According to Article 111 Circulars No. 25/2014/TT-BTNMT define on determination of boundaries of land areas, cadastral map, administrative boundary markers: During carrying out the procedure granting of certificates of land use rights (LURC) for the first time, the competent authority is obliged to measure,  specifically consider the current land use status, consult of adjacent land parcel users, make a description of the parcel's boundaries. The description of the parcel's boundaries must be sent to the adjacent land parcel users and signed by these persons.

Base on the information you provided, at the time of issuing the LURC to your neighbour, your did not receive a description of the parcel's boundaries, leading to you and the neighbour quarrel some each other because it was not determined boundaries during the time for using the land.

If you can not reach an agreement with your neighbour, you can sue to the People's Court for a settlement in accordance with the law.

This is FDVN Law firm's opinion for your request basing on studying the relevant legal provisions. Hopefully, our advice will be useful for you.

Legal advisor: Hoang Thuy Quynh

FDVN Law Firm


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