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When the neighbor does not sign the land border to make a Certificate of land use rights, how to solve the problem?

1809-2023

When the neighbor does not sign the land border to make a Certificate of land use rights, how to solve the problem?

VOVVN—In cases where the land user does not have a dispute and the neighbor does not sign the border, the user can still submit an application for a Certificate of land use rights according to regulations.

According to the law, before granting a Certificate of Land Use Rights, there must be a document signed on the border between adjacent households to serve as a basis for stable and dispute-free land use. What should users do in cases where adjacent households make it difficult to not sign adjacent to each other?

According to Lawyer Pham Quang Xa - Director of XTVN Law Company Limited (Hanoi Bar Association), there are a number of solutions as follows:

Method 1: Submit an application for a Certificate of land use rights

Clause 11, Article 7, Circular 33/2017/TT-BTNMT regulates cases where state agencies refuse applications for registration and issuance of Certificates of land use rights

"When receiving a document from the civil judgment enforcement agency or the Bailiff's Office requesting to temporarily suspend or stop the issuance of the Certificate. Especially the subject subject to civil judgment enforcement or a written notice of Distraint of assets for judgment enforcement. When they receive a document from the agency competent to resolve land disputes stating that they have received the application to resolve disputes over land and assets attached to land."

According to the above regulations, the agency receiving the application for a Certificate of land use rights cannot refuse to accept the application on the grounds that neighbors refuse to sign adjacent to the border if there is no land dispute.

Thus, if the neighbors do not sign adjacent borders and the land is not in dispute, the land user can still process the application for a Certificate of land use rights according to regulations.

Method 2. In case the application for a Certificate of land use rights is rejected, the user requests the state agency to respond in writing.

In fact, many people are not granted or have not been granted a Certificate of land use rights even though they are eligible they are refused because their neighbors refuse to sign on the border.

Article 70 of Decree 43/2014/ND-CP, when issuing the Certificate of land use rights, the People's Committee of the commune, ward and town will publicly post the current status of the land plot, dispute status, etc. at the Committee and residential areas. These two places both have land listed within 15 days and consider resolving comments (if any).

In addition, based on Article 11 and Clause 3, Article 12 of Circular 25/2014/TT-BTNMT on determining and measuring land plot boundaries. It shows that land plots have been identified, boundary descriptions and boundary markers are drawn up and saved by the cadastral office in the cadastral records for management even if the Certificate of land use rights has not been issued.

In addition, when the boundaries of a land plot are determined for detailed measurement and drawing, the presence of adjacent land users must be present. In case the adjacent land users are absent, it must be publicly posted within 15 days.

Thus, in case the neighbor refuses to sign the border and does not have a request to resolve the land dispute, there is still a basis to issue a Certificate of land use rights if the conditions are met. In other words, there is no regulation that refuses to issue a Certificate of land use rights to a legal land user just because the neighbor refuses to sign on the border.

Therefore, people have the right to request the agency to receive, resolve, and respond in writing about the refusal. People who have not yet issued a Certificate of land use rights have a basis to request a competent authority to resolve the matter in accordance with the law.

Method 3: In case neighbors do not sign a border contract due to a land dispute, the parties can reconcile or request a competent authority to resolve.

When a neighbor refuses to sign a border contract due to a land dispute, the person requesting a Certificate of land use rights will reconcile with the person in dispute or send an application to the People's Committee of the commune, ward, or town where they reside.

When carrying out the procedure to request a Certificate of land use rights, if there is a dispute, the procedure will be temporarily stopped. If the two parties successfully reconcile, the dispute ends; If conciliation at the People's Committee of the commune, ward, or town fails, the person requesting a Certificate of land use rights has the right to file a lawsuit at the Court or submit a request to the People's Committee at the district or provincial level to resolve it according to regulations.

After the two parties end the land dispute, procedures for granting a Certificate of land use rights will be carried out in accordance with regulations.

In case the adjacent land user only says verbally that they are in a land dispute with the person requesting the Certificate of land use rights. They do not have an application to the People's Committee of the commune, ward, or town where they reside to organize conciliation. For that plot of land, it is determined to be an actual dispute, not a suspension of Certificate of land use rights issuance according to regulations.

According to Vung Nguyen

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