09/07/2022 14:54

Summary of 05 judgments on disputes over land reclamation in Vietnam

Summary of 05 judgments on disputes over land reclamation in Vietnam

Reclaiming housing is a problem many people are facing. Due to mutual trust, people often lend their houses to family and friends to stay temporarily, but only agree verbally but not in writing. Therefore, it is easy to have a dispute when reclaiming the house. There are even people who lose their house because of this in Vietnam.

Below is a summary of 05 judgments on asking for housing for accommodation for references 

1. Judgment No. 1992/2020/DS-ST on reclaiming property, house and land for accommodation

- Level of trial: First instance

- Judicial body: People's Court of Ho Chi Minh City

- Summary: At the end of 1978, Mr. Ha Thieu N let Mrs. R1 (who is Mr. N's biological aunt), along with her husband, Mr. Lam S2, and their children, stay at the house No. 29/9 AC (the house that Mr. N's father left him). In 1992, Mrs. R1 died, so only Mr. Lam V lived in this house. In 1999, seeing that Mr. V and her children R1 arbitrarily rented the house to others without consulting him, he filed a lawsuit asking Mr. Lam V to return this house to him. In 2004, Mr. Lam V died, so he asked the successors of Mr. Lam V's legal rights and obligations to return the house to him, but if the Court divides and inherits the house, he also agreed, and he proposed to receive an additional amount of effort, maintenance costs, and legal procedures for this house.

- Court's decision: not accepting the petition of Plaintiff Mr. Ha Thieu N.

2. Judgment No. 92/2020/DS-ST dated September 25, 2020 on reclaiming property, house and land for accommodation

- Level of trial: First instance

- Judicial body: People's Court of Bien Hoa city, Dong Nai province

- Summary: Mr. Vu Van T uses land plot No. 18 with LURC. The land has a grade 2 house, which has not been recognized. Mr. T still owes Ms. X an amount of VND 2,200,000,000 but is unable to pay, so on March 11, 2017, Mr. Vu Van T went to the Binh Da Notary Office and signed a transfer contract for her land plot number 18 to pay off the debt. Because Mr. T is her brother-in-law, she allowed Mr. T and Mrs. Trinh Thi D to stay at home. The two parties' accommodations do not have a contract, but only a verbal agreement, and when Ms. X needs to take it back, she will send an advance notice. Currently, she wants to get it back to sell, but Mr. T and Mrs. Trinh Thi D refuse to return the house and land to her.

- Court's decision: accepting the petition of Ms. Le Thi X. Mr. Vu Van T and Ms. Trinh Thi D were forced to return the house and land area of ​​140.6m2 to her, land plot No. 18.

3. Judgment No. 72/2020/DS-ST dated September 10, 2020 on reclaiming property, house and land for accommodation

- Level of trial: First instance

- Judicial body: People's Court of Bien Hoa city, Dong Nai province

- Summary of the case: Previously, Ms. Nguyen Thi K and Mr. Ha Van C were husband and wife. During their marriage, Mrs. K and Mr. C created a common property, which is a house attached to land plot number 157. After living in this house for a while, Ms. K and Mr. C bought an additional apartment. House number 26/2 was left to Mrs. K's mother-in-law, Mrs. Ha Loi H (died 2007) and her husband's sister, Mrs. Ha N, to stay with her. Mrs. N later got married and has stayed with her husband, Mr. Nguyen Van R in this house until now. In 1998, Ms. Ha Loi H voluntarily registered and declared the abovementioned houses and residential land. Now, Ms. K sues to ask Ms. N and Mr. R to return her house.

- Court's decision: Rejecting the lawsuit petition of Ms. Nguyen Thi K

4. Judgment No. 15/2022/DS-ST on reclaiming property, house and land for accommodation

- Level of trial: First instance

- Judicial body: People's Court of Long Phu district, Soc Trang province

- Summary of the case: In 2014, Mr. O lent Mr. Q a land area of ​​72m2, only saying that he did not do any paperwork. The two sides agree that when needed, Mr. O will take back the land and Mr. Q is responsible for returning the land to Mr. O. After borrowing, Mr. Q built a temporary house. In 2018, Mr. O asked to take back the land, but Mr. Q did not agree. The two sides had a dispute and had basic reconciliation but failed.

- Court's decision: Accepting the petition of plaintiff Mr. Ly Van O. Forcing Mr. Truong Van Q to be responsible for dismantling and relocating assets on the land to return the land to Mr. O.

5. Judgment No. 19/2020/DS-ST dated July 6, 2020 on reclaiming property, house and land for accommodation

- Level of trial: First instance

- Judicial body: People's Court of Tien Giang province

- Summary: The origin of the land was purchased by Mr. and Mrs. Le Van H from Mrs. Nguyen Thi N in about 1978. Mrs. Ho Thi Ha's household had lived on the land before about 1968. After buying, Mr. and Mrs. Le Van H talked to Mrs. Ha. She asked if she could stay for 3 years to have money to return to her field in commune B, Mr. and Mrs. Le Van H agreed. After 3 years, Mr. and Mrs. Le Van H requested her to return the land, but Mrs. Ha kept making appointments from time to time. In 2008, when their family had a need to give the land to their children, they asked Mrs. Ha to move out, but Mrs. Ha did not agree, and a dispute has arisen up to now.

- Court's decision: Not accepting Mr. Le Van H's petition to request Ms. Ho Thi Ha to return the land for living with an area of ​​96.2m2.

Phuong Uyen
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