28/12/2022 17:08

Collection of judgments on disputes over land boundaries in Vietnam

Collection of judgments on disputes over land boundaries in Vietnam

I am having a dispute with my neighbor about encroachment on the land boundary. Can you provide me with some judgments on this matter for my reference? (Ms. Bich Lien – Dak Nong, Vietnam)

Hello, below are some judgments on disputes over land boundaries.

1. Judgment on disputes over land boundaries No. 23/2021/DS-ST

- Level of trial: First instance

- Judicial body: People's Court of My Hao town, Hung Yen province

- Summary of content: According to the initial lawsuit request, Ms. B sued that Mr. C built over the foot of the old house's foundation and encroached on the land belonging to her family by 10 m2. During the settlement of the case, at the property valuation and appraisal session on May 5, 2021,
Mrs. B changed her mind and only asked Mr. C to return to her family the land area that is the wall that Mr. C's family built adjacent to the brick yard in front of her family's door.

- Court's decision: Forcing Mr. Tran Ngoc C to return Ms. Nguyen Thi B's family 1.89m2 of encroached land, dismantle the wall built on the encroached area and must pay compensation to return Ms. Nguyen Thi B the amount of 8,290 .000 VND

2. Judgment 125/2020/DS-PT dated May 19, 2020 on disputes over land boundaries

- Level of trial: Appellate

- Judicial body: Hanoi People's Court

- Summary of the content: After the long absence, when he returned home for a visit, he discovered a wall at the northern boundary position adjacent to Mrs. X2's house, and that wall had been built, encroaching on his family's land plot. When he asked everyone, Mrs. X2 said that her family would build a wall to prevent theft, and when he needed to use it, her family would clear it for him. In 2007, his family moved from Hoa Binh to D.P. and had no plans to build anything on the land, only growing some bamboo trees. However, he also asked Ms. X2 to clear the wall to cover his family, but Mrs. X2 still said that when he did, she would clear the wall and return it to him. By 2018, When the Department of Natural Resources and Environment re-verified the current status of the area of each land plot, he pointed to the boundary markers, but Mrs. X2 denied and did not admit that she had built a wall over his family's land plot.

At the first-instance judgment, the People's Court of the C.M. district ruled: "Not accepting the petition of Mr. L.V.T.1"

Disagreeing with the first-instance civil judgment, Mr. L.V.T1 filed an appeal.

- The Court's decision: the appeal was denied, and the first-instance civil judgment was upheld.

3. Judgment on disputes over land boundaries No. 02/2021/DS-PT

- Level of trial: Appellate

- Judicial body: People's Court of Ha Nam province

- Summary of the content: Mr. Nguyen Cong D and Ms. Nguyen Thi T said that their family has been using the land since 1987; Ms. T and her husband gradually filled the pond. In October 1990, she and her husband built a house on the land to level the pond. Her family used the proper land boundary.After the cooperative auctioned the land use rights for Mrs. S and her husband (in 1995), in 1997, Ms. S's family and her son, Mr. Nguyen Dang H, often engaged in acts of encroaching on boundary markers and destroying crops; preventing Mrs. T's family from using the land according to the state-recognized boundary. The local authorities have solved it many times, but Ms. S's family still obstructs Ms. T's family's land use rights. Now Mrs. T requests: Ms. S and Mr. H must return all the encroached land behind the house according to the field of 21 m2 and claim compensation for property damage."

In the first-instance civil judgment, the Court decided: Accept the plaintiff's petition.

The Procurator General of the People's Procuracy of Ha Nam Province protested, and the defendant appealed.

- Court's decision: Not to accept the whole protest request of the Procurator General of Ha Nam province and the defendant's appeal.

4. Judgment on disputes over land boundaries No. 03/2021/DS-PT

- Level of trial:

- Judicial body: People's Court

- Summary of the content: In 1989, Mr. and Mrs. L accepted the contract for the pond water area of the Commune People's Committee to raise poultry. Mr. and Mrs. L's family overcame the encroachment to expand the usable area of the pond managed by the Commune People's Committee. In 2014, the People's Committee of L commune changed the purpose of using the pond land as residential land and divided the lot for auction with Mrs. V's family. At that time, the locality did not handle violations of the land that Mr. L and Mrs. N built, encroached on, and organized the handover of public field markers to the auction winners. In 2017, Ms. V filed a complaint about the missing land area for which the Land Use Right Certificate was issued. Therefore, the local government and functional agencies have conducted an actual inspection, measurement, and determination of the area of land his family has crossed over, encroaching on the land area of Mrs. V, who granted the LURC. Therefore, Ms. Lai Thi V sued to ask Mr. L, Mrs. N, and Mrs. H to return the encroached land area of 21 m2.

In the first-instance civil judgment, the Court decided: "Accepting the petition of Ms. Lai Thi V, forcing Mr. Tran Van L and Ms. Nguyen Thi N to pay Ms. Lai Thi V the value of land use rights for the encroached land."

Plaintiff Ms. Lai Thi V requested the return of the encroached land area, refusing to accept payment in cash.

- Court decision: accepting Ms. Lai Thi V's petition and determining that Mr. Tran Van L and Ms. Nguyen Thi N had crossed the land to build houses, encroaching on part of the land, forcing Mr. Van L and Ms. Nguyen Thi N to pay Ms. Lai Thi V the value of the encroached land.

5. Judgment 11/2019/DS-ST dated September 10, 2019 on disputes over land boundaries

- Level of trial: First instance

- Judicial body: Hai Duong City People's Court, Hai Duong Province

- Summary of content: According to plaintiff Mr. Dinh Van T, Mr. D's family encroached on his family's 1.1 m2 with a side length of 5.52 m and a width of 0.20 m. He made an application to the ward people's committee to mediate, but Mr. D did not agree. Now that Mr. T is suing to request that the court redefine the boundary of his family's land, Mr. D must return his family's area of 1.1 m2, pay for the area encroaching on his house by more than 2 m2 on the 12.74 m-long side of the border between the two families, and ask Mr. D to remove the construction wall that overlaps the wall of his house and return the wall to his family.

- Court's decision: accepting the petition of Mr. Dinh Van T.

Phuong Uyen
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