Navigating Disputed Property: Buying, Selling, and Legal Considerations

Buying and selling property is often a straightforward process. However, complications arise when the property in question is involved in a legal dispute. This guide, provided by NT International Law Firm, delves into the legal framework surrounding disputed property transactions, empowering you to make informed decisions.

Navigating Disputed Property: Buying, Selling, and Legal Considerations

Understanding Property in Vietnam:

The 2015 Civil Code (CC) provides a clear definition of assets in Article 105: “Objects, money, valuable papers, and property rights.” This encompasses both real estate and movable property (Article 107). Real estate includes land, houses attached to land, and other assets permanently affixed to land. Movable property encompasses all other assets not classified as real estate.

Can Disputed Property Be Bought or Sold?

The answer depends on the type of property and the stage of the dispute:

Real Estate:

The 2013 Land Law (LL) imposes strict conditions for land transfer (Article 188), one being that the land must not be in dispute. Therefore, real estate involved in an active legal dispute cannot be transferred until the resolution and all LL conditions are met.

Movable Property:

The Civil Procedure Code (CPC) offers no explicit regulations concerning selling disputed movable property during the resolution process. However, the Court possesses the power to implement temporary emergency measures (Article 114) to protect evidence integrity and ensure a fair resolution. These measures include:

• Distraint of disputed assets: This prevents the owner from using or selling the property.
• Prohibition of transferring property rights: This prevents legal ownership transfer during the dispute.
• Freezing of assets: This prevents financial transactions involving the disputed property.

While selling disputed movable property is not explicitly prohibited, the Court’s ability to implement protective measures can effectively prevent such transactions if deemed necessary for evidence preservation or case fairness.

Factors to Consider:

Before engaging in any transaction involving disputed property, consider the following:

• Ownership Confirmation: Ensure the dispute has not resolved ownership issues and that you are purchasing from the rightful owner.
• Legal Consultation: Consult a lawyer specializing in property law to navigate the legalities and potential risks involved.
• Dispute Recognition: Remember that a legal dispute only exists when officially recognized by a competent authority. Mere disagreements between parties do not constitute a formal dispute.

Beyond the Basics:

Consider additional complexities:

• Evidence Preservation: In certain cases, authorities may need to access and preserve disputed property for evidence purposes, further limiting transactions.
• Potential for Fraud: Transactions involving disputed property carry a higher risk of fraud, making legal vigilance crucial.
• Alternative Solutions: Consider alternative solutions like negotiating a settlement or waiting until the dispute is resolved.

Conclusion:

While buying and selling disputed property is possible under certain circumstances, navigating this complex landscape requires careful consideration of legal regulations, potential obstacles, and alternative solutions. NT International Law Firm encourages you to seek expert legal counsel before engaging in any transactions involving disputed property. Remember, prioritizing legal expertise can safeguard your interests and navigate this complex topic with informed confidence.

NT International Law Firm is Here to Help

NT International Law Firm has addressed the question of whether disputed property can be bought or sold. If you have any further questions or concerns regarding civil law, 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.

You also might be interested in:

• The 2015 Civil Code in English