15/07/2022 09:51

05 judgments on disputes over property claims as land use rights in Vietnam

 05 judgments on disputes over property claims as land use rights in Vietnam

Property lawsuits are one of the most common disputes in courts, especially lawsuits for land use rights. In this dispute, the owner requests the court or a competent state agency to force the person who has infringed upon the ownership or possession right to return the property which is the land use right.

According to the provisions of Articles 166 and 168 of the Civil Code 2015 of Vietnam, owners and other rights holders of property have the right to reclaim the property from the possessor, the user of the property, beneficiaries of the property have no legal basis. The owner has the right to reclaim the property being immovable unless a third person in good faith receives the property through auction or transaction with a person who, according to a judgment or decision of a state agency, has the authority to be the property owner but then this person is not the property owner because the judgment or decision is canceled or modified.

Below is a summary of 05 judgments on disputes over property as land use rights:

1. Judgment 23/2021/DS-PT dated January 15, 2021 on claiming the property is land use right

+ Judgment level: Appellate

+ Judicial body: Hanoi People's Court

+ Summary: Mr. NTT1 and his wife gave birth to 5 children. The property left by his parents is 502m2 of residential land and 200m2 of pond land. He has not divided the land among any of his children, but now Mr. NTT5 (his son) deliberately builds shacks and car roofs on the land of his pond. T5 and his wife have finished and lived since the end of 2019, with half of the pond land he divided among his 3 daughters but still have not done the paperwork. This part of pond land has not been granted a land use right certificate but he uses it legally, on the cadastral map still bears his name. Mr. T5 said he gave land to Mr. T5 which is not true.

2. Judgment 140/2019/DS-PT dated March 27, 2019 on claiming the property is land use right

+ Judgment level: Appellate

+ Judicial body: People's Court of Ben Tre province

+ Summary: In 2004, Ms. Dinh Thi H was given a land area of ​​250m2 by her mother-in-law and was granted a certificate of land use right by the government. Due to difficult economic conditions, the family went to work far away. When he returned home, Mr. N built a house on her and her husband's land. She filed a lawsuit asking Mr. N to move his house and return this land to his grandparents. Mr. N disagrees because his land is bought from Mr. D and has been granted a land use right certificate.

3. Judgment 403/2020/DS-PT dated October 8, 2020 on claiming the property is land use right

+ Judgment level: Appellate

+ Judicial body: Hanoi People's Court

+ Summary: Ms. LTD1 is the legal owner of the land plot and has been granted a land use right certificate in her name. Because she was far away and could not afford to take care of her, Mr. LVT5 (her younger brother) who was close to her land plot used and built a gable wall of a level 4 house, flower wall, fence wall, and planted trees on it. her parcel of land. She asked Mr. T5 to demolish and remove the entire gable, flower walls, fences and trees on the land plot, and return the land to her.

4. Judgment 01/2021/DS-ST dated January 19, 2021 on the lawsuit claiming the property is land use right

+ Level of trial: First instance

+ Judicial body: People's Court of Tan Phu district, Dong Nai province

+ Summary: Mr. Truong Phuc L and Ms. Pham Thi Huong L managed and used land plot No. 289 from the issuance of the land use right certificate in 2012, until 2017, Mr. Ly Ngoc H built the foundation, foundation, and wall on the ground. Mr. Ly Minh T assisted Mr. H in appropriating property, so a dispute arose.

5. Judgment 04/2021/DS-ST dated 10/03/2021 on a lawsuit claiming the property is land use right

+ Level of trial: First instance

+ Judicial body: People's Court of Phu Luong district, Thai Nguyen province

+ Summary: On March 4, 2017, Mrs. Nguyen Thi L asked to sell Mr. Dang Van L 02 plots of land because there was no need for cultivation. After reaching an agreement, Mr. L paid Ms. L the full amount of VND 80,000,000, on the same day Ms. L wrote the land transfer paper. After that, Mr. and Mrs. L carried out the procedures for transferring the names of 02 land plots according to regulations. He asked Mrs. L to hand over -2 plots of land for his family to cultivate, but Mrs. L did not hand over the fields to him.

Xuan Hien
43


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