Can disputed land be mortgaged?
Pursuant to Point b, Clause 1, Article 188 of the Land Law 2013, which stipulates the conditions for exercising the rights to convert, transfer, lease, sublease, inherit, donate, mortgage land use rights; and to contribute capital using land use rights as follows:
Land users are entitled to exercise the rights to convert, transfer, lease, sublease, inherit, donate, mortgage land use rights; and to contribute capital using land use rights when the following conditions are met:
- Having a Certificate, except for the cases stipulated in Clause 3, Article 186, and the case of inheritance stipulated in Clause 1, Article 168 of this Law;
- Land is not under dispute;
Thus, according to the above regulation, it can be seen that when the land is under dispute, the land user does not have the right to mortgage the land use rights. In cases where an organization or individual accepting the mortgage is unaware that the land is under dispute, the land registration authority will also refuse the mortgage registration request, meaning that the mortgage is not effective.
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