Land Disputes Between Siblings and How To Settle Them

Land disputes among family members, including those between siblings, are a common occurrence in contemporary society. In such cases, the siblings involved may either reconcile with one another or resort to legal action by filing a lawsuit. NT International Law Firm aims to offer valuable insights and perspectives on land disputes between siblings within a family through this article, providing readers with a point of reference.

The types of land disputes between siblings

1. Land Disputes Related to Inheritance Issues:

• Lack of a will: When parents or grandparents leave land to their children and grandchildren without a clear will, siblings may disagree on how to divide the land fairly. In such cases, the 2013 Land Law and inheritance laws apply to determine each sibling’s rightful share.
• Unequal distribution: One sibling may feel they received a smaller share than they deserve, leading to disputes. This can occur when parents or grandparents verbally promised land to specific children but did not document it in a will.
• Hidden assets: Some siblings may hide or deny the existence of additional land inherited from their parents or grandparents, leading to conflict and distrust.

2. Land Disputes Related to Land Use Rights:

• Unauthorized land transactions: One sibling may sell, donate, pledge, mortgage, exchange, or authorize the management of land without the consent of other siblings, leading to disputes over rights and ownership.
• Boundary disputes: Siblings may disagree over the exact boundaries of their inherited land, leading to conflicts and tension. This can be exacerbated by unclear land titles, inaccurate maps, or changes in land features over time.
• Neglect of land obligations: One sibling may neglect their obligations to maintain or pay taxes on the land, causing financial and legal problems for all siblings.
• Unethical land use: One sibling may use the land in a way that negatively affects the other siblings, such as polluting the environment or constructing buildings that restrict access or enjoyment.

3. Additional Types of Disputes:

• Land ownership disputes: Siblings may disagree about who rightfully owns specific parcels of land, especially when inheritance is unclear or there are conflicting claims.
• Land development disputes: If siblings have different visions for the development of the land, such as farming versus selling for commercial purposes, this can lead to disagreements and conflict.
• Environmental concerns: One sibling may prioritize environmental protection, while another may prioritize economic gains, leading to disputes over how to manage the land sustainably.

Understanding these common types of land disputes between siblings is crucial to identifying the root cause of conflicts and finding amicable solutions. Seeking legal advice and mediation can help siblings resolve land issues fairly and maintain family harmony.

How to settle land disputes between siblings

1. Reconciliation:

• This is the simplest and most amicable approach.
• Siblings can discuss the issue openly and reach a mutually agreeable solution.
• In case of difficulty, family members can seek mediation from the People’s Committee at the commune/ward level.
• Conciliation is mandatory for disputes over land use rights but optional for disputes arising from transactions (e.g., gifts, inheritance).

2. Legal Action:

• If reconciliation fails, siblings can file a lawsuit with the People’s Court.
• They can initiate the lawsuit themselves or seek legal representation.
• The Court will review the petition and decide whether to accept the case.
• If accepted, the Court will proceed with the legal process to resolve the dispute.

Additional Notes:

• The 2013 Land Law encourages reconciliation and mediation for land disputes.
• Disputes arising from transactions involving land use rights may require applying additional laws such as the Law on Contracts and the Notary Law.
• Seeking legal advice throughout the process is highly recommended.
• Prioritizing communication and understanding can help siblings find a fair and lasting solution.

Here are some additional strategies for settling land disputes between siblings:

• Gather all relevant documents and evidence. This may include land titles, contracts, inheritance documents, and witness statements.
• Clearly communicate your expectations and concerns to your siblings. Open and honest communication is key to finding a solution.
• Be willing to compromise. It is unlikely that both parties will get everything they want, so be prepared to make some concessions.
• Consider using a mediator. A neutral third party can help facilitate communication and guide the parties towards a solution.
• Seek legal advice if necessary. A lawyer can help you understand your legal rights and options.

By taking these steps and remaining open to communication and understanding, siblings can resolve land disputes peacefully and maintain their family bonds.

The types of land disputes between siblings

Who has the jurisdiction to settle land disputes between siblings?

Legal Basis:

• Article 203 of the 2013 Land Law
• Clause 3, Article 203 of the 2013 Land Law
• Civil Procedure Law

Dispute Resolution Options:

• People’s Court:
  • Has jurisdiction over land disputes where the litigant holds a certificate or documents specified in Article 100 of the 2013 Land Law.
  • Examples of such documents include Red Books (Land Use Rights Certificates) and inheritance documents.
• People’s Committees:
  • Litigants without the aforementioned documents can choose between two options:
    • Submit a request for dispute resolution: This allows the People’s Committee at various levels (commune, district, or provincial) to mediate the dispute.
    • Initiate a lawsuit: This option involves filing a lawsuit with a competent People’s Court, following the procedures outlined in the Civil Procedure Law.

Competent Authorities:

• Commune People’s Committee: Initially mediates land disputes within their jurisdiction.
• District People’s Committee Chairman: Resolves disputes between households, individuals, or communities.
• Provincial People’s Committee Chairman: Resolves disputes involving one party as an organization, religious establishment, Vietnamese residing abroad, or foreign-invested enterprise.

Additional Notes:

• Conciliation at the grassroots level is mandatory before filing a lawsuit.
• Jurisdiction depends on the specific circumstances of the dispute.
• Seeking legal advice is recommended for understanding the appropriate course of action.

In summary, the jurisdiction for settling land disputes between siblings depends on whether they possess the necessary documents and the nature of the parties involved. Siblings can choose between mediation by the People’s Committees or filing a lawsuit with the People’s Court, as long as they follow the proper legal procedures.

NT International Law Firm has addressed the question of what land without a Certificate of Land Use Rights is and what kinds of documents are needed to buy land of that kind. 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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