How To Settle Land Disputes With Only Handwritten Papers

Land disputes with only handwritten papers refer to conflicts that arise between buyers and sellers due to an unnotarized written documents. Now, the following article by NT INTERNATIONAL LAW FIRM will provide you with the necessary insights on how to effectively resolve such disputes.

Land Disputes With Only Handwritten Papers

The legality of conducting land transactions with only handwritten papers

Legal Basis:

• 2013 Land Law:
  • Article 167, Clause 3, point a and d: Defines the requirements for land transaction documents and specifies the consequences of non-compliance.
• 2015 Civil Code:
  • Article 129, Clause 2: Provides for the recognition of certain informal transactions under specific conditions.

Analysis:

1. Notarization and Authentication:

   • Land transaction documents must be notarized and authenticated to be legally valid.
   • Handwritten documents without these formalities are deemed invalid and unenforceable.

2. Partial Performance:

   • If parties to a land transaction with a handwritten document have already fulfilled at least two-thirds of their contractual obligations (e.g., making payments), they can petition the Court to recognize the validity of the transaction.
   • This is based on the principle of equity and good faith in contract law.

3. Consequences of Invalidity:

   • Invalid land transactions with handwritten documents do not convey legal ownership or land use rights.
   • This can lead to disputes, financial losses, and legal complications.

4. Recommendations:

   • Always involve a notary public or lawyer when conducting land transactions.
   • Ensure all necessary formalities, including notarization and authentication, are properly completed.
   • Avoid relying on handwritten documents without legal validation.

Conclusion:

Land transactions require strict adherence to legal formalities for their validity and enforceability. Handwritten documents without proper notarization and authentication are generally considered invalid. However, partial performance of such contracts may provide grounds for seeking legal recognition in certain circumstances. Consulting legal professionals is crucial for navigating land transactions effectively and protecting your interests.

The legality of conducting land transactions with only handwritten papers

How To Settle Land Disputes With Only Handwritten Papers

Legal Basis:

• Resolution 02/2004/NQ-HDTP: This resolution provides guidelines for resolving land disputes involving handwritten contracts before October 15, 1993.
• 2015 Civil Code: This code provides general principles and rules for resolving contractual disputes, including those related to land.

Handwritten Contracts Established Before July 1, 1980:

• Form and Content Compliant:
  • If the handwritten contract complies with legal requirements and the buyer has received the land, the Court will recognize the contract.
  • Both parties must fulfill their obligations and complete land transfer procedures.
  • Outstanding payments must be made by the buyer.
  • If the seller still uses the land despite full payment, both parties must fulfill their obligations unless otherwise agreed.
  • If the seller cannot deliver the land, the Court may cancel the contract and force them to return the money.
• Content Compliant but Form Not:
  • If the parties have not fulfilled their obligations, the Court will declare the contract invalid and cancel it.
  • If the buyer has paid in full and received the land, the contract will be recognized as legal.
  • If the buyer has not paid in full and only received part of the land, the Court will recognize the contract for the received area.
  • The seller must return any excess amount paid by the buyer.
  • If the land is recovered by the State for public purposes, the contract will be declared void.
  • Consequences of invalid contracts will be handled according to the Civil Code.

Settle Land Disputes With Only Handwritten Papers

Handwritten Contracts Established Between July 1, 1980 and October 15, 1993:

• Illegal Contract:
  • If the contract is not implemented and a dispute arises, the Court will declare it invalid and canceled. Because in this period, the State had forbidden all kinds of land transaction.
• Contract Performance:
  • If the contract has been performed, the Court will recognize it in the following cases:
    • The buyer has received a land use right certificate.
    • The buyer has completed the land use right certificate application process and the People’s Committee has allowed the transfer.
    • The buyer has built structures, invested in production, planted crops, and complied with land planning regulations without objection from the seller.

Procedures:

• Gather Evidence:
  • Collect all relevant documents, including the handwritten contract, witnesses’ testimonies, and evidence of payments or land use.
• Initiate Conciliation:
  • Attempt to resolve the dispute through conciliation at the local People’s Committee.
• File a Lawsuit:
  • If conciliation fails, file a lawsuit at the competent People’s Court.
• Present Evidence:
  • During the trial, present evidence to support your claims and counter the other party’s arguments.
• Court Decision:
  • The Court will issue a decision resolving the dispute based on the evidence and legal principles.

Recommendations:

• Seek legal advice: Consult a lawyer specializing in land disputes to understand your legal options and ensure proper procedures are followed.
• Keep records: Maintain copies of all documents related to the land transaction.
• Communicate effectively: Maintain clear and open communication with the other party involved in the dispute.

Conclusion:

Settling land disputes with handwritten papers requires careful attention to legal requirements and procedures. Understanding the applicable laws and following proper steps can help individuals protect their rights and interests when such disputes arise.

NT International Law Firm has addressed the question of how to settle land disputes if you have only handwritten papers to prove your ownership. If you have any further questions or concerns regarding land or real estate, please contact our law firm immediately for expert legal advice.

If you require any legal assistance, please feel free to reach out to us via phone at 090 252 4567 or through email: info@ntpartnerlawfirm.com. At NT INTERNATIONAL LAW FIRM, our team is committed to offering you prompt and personalized advice.

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