Can I Build Anything On Disputed Land? 2023

What is a disputed land? What if someone build something on it? Can construction permits be granted to build houses on disputed land? This article from NT International Law Firm will help you find the answers to those questions if you are about to begin constructing but have to stop because you found out the land on which the house will stand is disputed.

What is a disputed land?

Legal Basis:

• 2013 Land Law, Article 3, Clause 24
• Resolution No. 04/2017/NQ-HDTP, Clause 2, Article 3
• 2015 Civil Procedure Code, Article 192, Clause 1, Point b

Concept of Land Disputes:

• Clause 24, Article 3 of the 2013 Land Law defines a land dispute as “a dispute about the rights and obligations of land users between two or more parties in a land relationship.”
• This broad definition encompasses any disagreement regarding land use rights and obligations between individuals or entities.

Narrowing the Scope:

• Recognizing the difficulties in handling and applying the law to such a wide scope, Resolution No. 04/2017/NQ-HDTP clarifies the scope of land disputes requiring conciliation before initiating a lawsuit.
• Clause 2, Article 3 of the Resolution specifies that only disputes over who holds land use rights and haven’t been resolved through conciliation at the commune/ward/town People’s Committee require pre-lawsuit conciliation.
• This excludes other land-related disputes, such as those concerning transactions, inheritance, or division of common property, from the mandatory conciliation requirement.

Benefits of Narrowing the Scope:

• Clarifying the scope of land disputes requiring conciliation provides a more efficient and effective approach to resolving land disputes.
• It helps distinguish between disputes requiring mandatory pre-lawsuit conciliation and those that can proceed directly to court action.
• This distinction allows for quicker resolution of disputes that cannot be resolved through conciliation.

Conclusion:

Understanding the legal definition and scope of land disputes is essential for navigating the legal process and seeking appropriate remedies. By recognizing the importance of pre-lawsuit conciliation for specific types of land disputes, both individuals and legal professionals can contribute to a more streamlined and efficient resolution process.

Types of land disputes

Legal Basis:

• 2013 Land Law, Article 3, Clause 24
• Resolution No. 04/2017/NQ-HDTP, Clause 2, Article 3
• 2015 Civil Procedure Code, Article 192, Clause 1, Point b

Classification of Land Disputes:

1. Disputes over Land Use Rights:

• Boundary disputes: Conflicts regarding the location and extent of land boundaries between neighboring properties.
• Disputes concerning assets attached to land: Disagreements over ownership and rights related to structures or objects permanently attached to land, such as houses, wells, or fences.
• Inheritance disputes: Conflicts arising from the distribution of land use rights through inheritance, including challenges to wills or disagreements between heirs.
• Divorce disputes: Disagreements over the division of land use rights during divorce proceedings.
• Reclaiming land: Claims made by individuals or groups for the return of land they previously owned or that belonged to their ancestors.

2. Disputes over Rights and Obligations:

• Contractual disputes: Disagreements arising from breach of contracts related to land use, such as non-payment of rent, failure to fulfill contractual obligations, or disputes over the interpretation of contract terms.
• Disputes over land use fees and taxes: Conflicts regarding the amount or payment of land use fees, taxes, or other charges imposed by the government.
• Disputes over land use planning and zoning: Conflicts arising from restrictions imposed by land use plans or zoning regulations that affect the use and development of land.

3. Disputes over Land Use Purpose:

• Disagreements over the intended use of land: Conflicts regarding the purpose for which a specific land parcel is designated, such as residential, agricultural, or commercial use.
• Challenges to land use conversions: Disputes arising from attempts to change the designated purpose of land when such conversions require approval from relevant authorities.
• Conflicts regarding environmental regulations: Disagreements over compliance with environmental regulations or restrictions related to land use activities.

Conclusion:

Understanding the different types of land disputes helps individuals and legal professionals categorize their specific case and identify the appropriate legal procedures for resolution. The legal basis outlined above provides a framework for interpreting the scope and applicability of various laws and regulations to each type of land dispute.

Can I Build Anything On Disputed Land?

Can I Build Anything On Disputed Land??

Legal Basis:

• 2014 Construction Law, Article 93
• 2015 Civil Procedure Code, Article 122
• 2013 Land Law, Article 6, Clause 2

Construction on Disputed Land:

• While there are no specific regulations prohibiting construction on disputed land, legal conditions and ongoing disputes can prevent it.
• Article 93 of the 2014 Construction Law establishes the requirement for construction to be for the right land use purpose and meet specific conditions.
• However, if a petition for a full court hearing on the land dispute is pending, the court can apply temporary emergency measures under Article 122 of the 2015 Civil Procedure Code.
• This allows the People’s Committee to refuse construction permits based on the principle of not changing the status quo of disputed property.

Handling Buildings on Disputed Land:

• The 2013 Land Law emphasizes the protection of land users’ rights and interests.
• Clause 2, Article 6 of the law requires land use to be “economical, effective, environmentally friendly, and not harmful to the legitimate interests of surrounding land users.”
• This principle guides the handling of buildings on disputed land, ensuring fairness and protecting the rights of all involved parties.

Applying Temporary Emergency Measures:

• Individuals or parties involved in a land dispute can apply to the court for temporary emergency measures.
• The application requires specific information about the dispute, the need for emergency measures, and the specific actions requested.
• The court will assess the application and decide whether to grant the temporary measures based on the merits of the case and the potential impact on the disputed land and surrounding users.

Conclusion:

Construction on disputed land requires careful consideration and adherence to legal frameworks. The possibility of temporary emergency measures during ongoing disputes can restrict construction activities. Understanding the applicable laws and procedures is crucial for navigating land disputes and ensuring compliance with legal requirements.

NT International Law Firm has addressed the question of whether you can build anything on disputed land. 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.

You also might be interested in: The 2013 Law on Land