Land Disputes Without Documentation And How To Settle Them

What are land disputes without documentation? How to settle such disputes according to the current regulations? Let’s face it, no one wants to go Court that would cost them dearly in time and effort so we should strive to learn more about it through this article from NT International Law Firm.

What are land disputes without documentation?

A land dispute without documentation refers to a disagreement regarding the rights and obligations of individuals or entities over a specific land area without the presence of legal documents to support any claims. This means that one or both parties lack official documentation, such as Red Books (land use rights certificates), to verify their ownership, use rights, or any other claims to the land.

Such disputes can arise due to various reasons, including:

• Lost or destroyed documents: The original documentation may have been lost, damaged, or destroyed over time.
• Incomplete or informal transactions: Land transactions may have been conducted informally without proper documentation, leading to disputes later.
• Inheritance issues: When land is inherited, disputes may arise if proper inheritance procedures were not followed, or if documentation is unclear or missing.
• Historical land use claims: Individuals may claim historical rights to land based on long-term usage, even without formal documentation.

These disputes can be challenging to resolve due to the lack of clear evidence supporting any claims. Both parties may rely on verbal testimonies, witnesses, or circumstantial evidence, making it difficult to determine the true ownership and rights to the land.

Consequences of Undocumented Land Disputes:

• Uncertainty and conflict: Lack of documentation can lead to prolonged uncertainty and conflict between the disputing parties.
• Difficulties in resolving disputes: Without clear evidence, resolving disputes through negotiation or mediation can be extremely difficult and time-consuming.
• Legal complications: If disputes end up in court, the absence of documentation can significantly weaken a party’s case and hinder their chances of success.

Recommendations for Land Users:

• Secure proper documentation: Obtain and maintain land use rights certificates (Red Books) for all land holdings.
• Record land transactions: Register all land transactions officially with the relevant authorities.
• Preserve evidence: Keep copies of all land-related documents such as contracts, receipts, and inheritance papers.
• Seek legal advice: If you encounter a land dispute without documentation, consult with legal professionals for guidance and assistance.

By taking proactive measures and securing proper documentation, land users can significantly reduce the risk of undocumented land disputes and ensure their rights are protected.

Documents proving land use rights

Legal Basis:

• Land Law 2013, Article 100
• Decree 43/2014/ND-CP, Article 18
• Circular 02/2015/TT-BTNMT, Article 15

Types of Documents:

1. Certificate of Land Use Rights and Ownership of Houses and Other Assets Attached to Land: This is the primary document proving land use rights in Vietnam.
2. Documents on Land Use Rights before October 15, 1993: These include various documents issued by authorities during the implementation of land policy before 1993.
3. Temporary Land Use Rights Certificate: This document issued by a competent state agency before 1993 serves as proof of land use rights.
4. Legal Documents on Inheritance or Donation: This category encompasses documents related to inheritance, donation of land use rights, and charity houses.
5. Documents Transferring Land Use Rights or Buying and Selling Houses before 1993: These documents need certification from the Commune People’s Committee.
6. Documents for Liquidation and Valuation of Housing: These documents are needed for specific cases involving housing attached to land.
7. Land Inventory Books and Land Registration Books: These books, created before 1980, can serve as proof of land use rights.
8. Documents Created during the Land Registration Process: This category includes documents such as:
   • Approval records of the Commune-level Land Registration Council.
   • Summary of legal land use cases.
   • Application for registration of land use rights.
   • Documents certifying land use rights registration.
   • Documents on house registration declaration.
   • Documents allocating land to officers and soldiers.
9. Documents Issued by Competent Authorities under the Old Regime: These documents pertain to land use rights and include:
   • Land titles.
   • Documents to dispose of real estate.
   • Documents for buying, selling, donating, exchanging, or inheriting houses.
   • Wills or agreements on division of housing estate.
   • House construction permits or architectural legalization permits.
   • Court judgments.
   • Other documents recognized by the Provincial People’s Committee.

Additional Notes:

• The specific requirements for proving land use rights may vary depending on the individual case and the relevant regulations.
• It is highly recommended to seek professional legal advice to ensure proper documentation and compliance with the law.

Importance of Documentation:

Having valid documents proving land use rights is crucial for protecting your rights and interests. It allows you to:

• Conduct legal land transactions.
• Resolve land disputes.
• Obtain government services related to land.
• Protect yourself from potential land scams.

By ensuring proper documentation, land users can enjoy peace of mind and secure their ownership rights.

Land Disputes Without Documentation And How To Settle Them

How land disputes without documentation are settled according to the provisions of the law

Legal Basis:

• 2013 Land Law, Articles 202, 203
• 2019 Civil Procedure Code, Clauses 9 and 26, Articles 28, 35, and 39

Dispute Resolution without Documents:

1. Local Conciliation (Mandatory):

   • Conducted by the Chairman of the Commune People’s Committee.
   • Involves coordination with the Vietnam Fatherland Front Committee and social organizations.
   • Must be completed within 45 days of receiving the request.
   • Successful conciliation results in minutes signed by both parties and confirmed by the People’s Committee.
   • Changes in land boundaries or users require notification to relevant authorities (Department of Natural Resources and Environment, People’s Committee).

2. Request for Dispute Resolution:

   • If conciliation fails, parties can submit a request to the People’s Committee where the land is located (specific level determined by dispute type).
   • Disputes between households/individuals are settled by the district-level People’s Committee Chairman.
   • Disputes involving organizations, religious institutions, etc. are settled by the Provincial People’s Committee Chairman.
   • Dissatisfaction with the settlement decision allows for complaints or lawsuits.

3. Initiating a Lawsuit:

   • Parties can file a lawsuit at the district People’s Court if conciliation and request for dispute resolution fail.
   • This option is also available for those choosing not to go through conciliation.
   • The lawsuit must be based on relevant clauses of the Civil Procedure Code.

Evidence for Land Use Rights:

• In the absence of formal documentation, parties can provide evidence to support their claims:
  • Testimonies from neighboring households.
  • Confirmation from local authorities.
  • Evidence of long-term land use (e.g., photos, records of agricultural activities).

Conclusion:

Settling land disputes without documentation requires navigating legal procedures. Understanding the available options and legal basis is crucial for protecting your rights. Conciliation is a mandatory first step, followed by options for filing a request for dispute resolution or initiating a lawsuit. If necessary, evidence of long-term land use can be presented to strengthen your claim.

NT International Law Firm has addressed the question of what land disputes without documentation are and how to settle them. 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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