13/07/2022 08:45

05 judgments on disputes the right of passage in Vietnam

05 judgments on disputes the right of passage in Vietnam

Article 254 of the 2015 Civil Code of Vietnam stipulates: "An owner of immovable property which is surrounded by immovable properties of other owners such that there is no exit has the right to request one of the owners of adjoining immovable properties to provide it with a passage to a public road on their land."

Here are 5 judgments on disputes requiring the opening of a passage through adjacent real estate, for your reference:

1. Judgment 47/2021/DS-ST dated April 22, 2021 on the requirement to open the passage through adjoining real estate

+ Trial level: First instance.

+ Adjudicating agency: People's Court of CL district, BT province.

+ Quote from the content: “Mr. Tran Hoang N is the owner of the land in plot 49, area 9,997.9m2 located inside the land in parcel 76, map sheet 23, located in hamlet PT, TT commune by Mrs. Nguyen Thi L is the sovereign. The path from his house to the road must pass through Mrs. L's land and he has also used this path for a long time. Therefore, Mr. N asked the Court to allow him to open the way through Mrs. L's land and asked the defendant side to dismantle the prefabricated house 0.9m wide, 3.3m long on one side, 3.1m on the other side, area 2.88m2, Mr. N agrees to compensate for the value of the prefabricated house, the land value according to the price given by the Valuation Council, because this is the only and most convenient way for Mr. N to go to the main road."

+ Results of settlement: Complying with the claim of plaintiff Mr. Tran Hoang N. Forcing Mrs. Nguyen Thi L to open for Mr. Tran Hoang N's household a walkway with a width of 1m, a length of 3.32m and 3.69m, a height of 4m, 3.5 square meter area.

2. Judgment 80/2018/DS-PT dated May 22, 2018 on the requirement to open the passage through adjacent real estate

+ Level of trial: Appellate.

+ Judicial agency: People's Court of Dak Lak province.

+ Excerpt from the content: "Now, Mrs. B's family has no way to go to the public road (inter-village road), because Mrs. B's family's land plot is on the 2nd floor (not close to the road) so it is blocked by the land lots of other houses surrounded by adjacent households. Therefore, Ms. B filed a lawsuit to request the Court to settle and force Mrs. Phan Thi B, Mr. Duong Xuan N and Mr. Chu Sy D, Ms. Chu Thi M (who is the owner of the land use rights surrounding Ms. B's land lot) to open the give Mrs. B a path from Mrs. B's land lot to the public road (inter-village road) in accordance with the current state of the old road that Ms. B's family has used to travel so far, the road has a width of 03 meters and the actual assessed length is 54.1 meters.”

+ Result of settlement: Accepting the lawsuit claim of Mrs. Nong Thi B. Forcing Mr. Chu Sy D, Ms. Chu Thi M and Ms. Phan Thi B, Mr. Duong Xuan N to give Ms. Nong Thi B a way from the lot. Nong Thi B's land to the public road (inter-village road).

3. Judgment 07/2018/DS-PT dated January 25, 2018 on the requirement to open the passage through adjacent real estate

+ Level of trial: Appellate.

+ Judicial agency: People's Court of Ninh Thuan province.

+ Quote content: "In 2014 Mr. Nguyen C was granted the LURC, the shared road was granted to Mr. Nguyen C, Mr. C and Mr. C and Mr. Nguyen Huu L fenced the road, now Mr and Mrs. S have no way to enter. land to cultivate and harvest agricultural products, he and his wife have to hitchhike on the land of Mrs. T and Mr. X who are growing apples, the road is difficult and not convenient. Mr. S and his wife asked Mr. and Mrs. Nguyen C, Mrs. Mai Thi D and Mr. Nguyen Huu L to open for him and his wife a 1.4m-wide road along the line of land belonging to Mr. C and Mr. L to the main road for him and his wife have access to the land for farming. Mr. S and his wife agreed to compensate for the value of the land area for paving the way in accordance with the law. He and his wife did not agree to compensate for the value of the split stone that Mr. L built on the land he and his wife asked to open the road because of the split stone that Mr. L built after a dispute.

+ Settlement result: Accepting the petition of plaintiff Mr. Dao Van H and Mr. Vo Cong S on requesting Mr. Nguyen C, Ms. Mai Thi D, Mr. Nguyen Huu L, to open the passage through adjacent real estate . Forcing Mr. Nguyen C, Mrs. Mai Thi D and Mr. Nguyen Huu L to open a path with an area of ​​144m2, adjacent to plot 463.

4. Judgment 95/2019/DSPT dated June 3, 2019 on the requirement to open the passage through adjacent real estate

+ Level of trial: Appellate.

+ Judicial agency: People's Court of Dak Lak province.

+ Quote content: “This path is the only way to the house of Mr. Dam Van T and Mrs. Dam Thi L. It is contrary to Mr. T1 and Ms. D's husband and wife to barricade Mr. Thoai's family from going into the field to work. However, the Court of First Instance ordered that Mr. and Mrs. Ha Van T1 and Ms. Duong Thi D must dismantle 01 B40 mesh fence with a length of 7.35 m2 reinforced concrete pillars; 02 cement poles used for power poles and relocation of 01 mango tree for business in the 2nd year. This is the property of Mr. and Mrs. T1, and Ms. D has spent part of her land area for making walkways, so she has to pay more money for relocation and destruction of her property to build. Such declaration affects the rights and interests of husband and wife Mr. T1, Mrs. D."

+ Settlement result: Canceled the first-instance civil judgment No. 02/2019/DS-ST dated January 16, 2019 of the People's Court of Krong Nang district, Dak Lak province, and handed over the case file to the People's Court. Krong Nang district, Dak Lak province settle according to general procedures.

5. Judgment 34/2018/DS-PT dated January 17, 2018 on the requirement to open the passage through adjacent real estate

+ Level of trial: Appellate.

+ Judicial agency: People's Court of Ben Tre province.

+ Quoting the content: "According to Mr. K, when he and Mr. T bought land together, there was an agreement on a 2m-wide walkway (because his land is located in Mr. T's land), so now Mrs. C and her children If you receive a land transfer, you must continue to fulfill Mr. T's promise to leave part of the way for the land inside. This incident was acknowledged by Mr. T and Mr. T said that when selling the land, there was a notice to Ms. C about leaving a way for Mr. K inside. Mrs. C said that when she bought land from Mr. T, she did not know that there was an incident that left the way. Considering that, according to the provisions of Clause 1, Article 275 of the 2005 Civil Code of Vietnam, "real estate owners surrounded by the immovable properties of other owners without any exit, have the right to claim ask one of the owners of the adjoining property to give himself an exit to a public road; the requested person is obliged to meet that request", so the plaintiff's request to open the way is completely consistent with the provisions of law. The passage requested by the plaintiff, apart from being agreed by the former employer, is also the most convenient and least damaging way for the parties. The path behind Mrs. C's house is obstructed by a high wall and water drains, the remaining walkway with a width of 0.3m is too small to walk, so Ms. C's appeal is not appropriate.

+ Result: Forced Mrs. Phan Ngoc C and household members including Ms. Phan Thi My H2, Mr. Huynh Xuan N1, Ms. Pham Thi Hong N2, Ms. Huynh Thi Ngoc H3, Mr. Huynh Phuong D1 to open for Mr. Tran Van K, Mr. Huynh Kim M, Ms. Doan Thi My H, the aisle is at plot 145, map sheet No. 24, located in quarter 5, town M, district M, Ben Tre province with an area of: 6.4 m2.

Sang Nguyen
177


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