Nowadays, land disputes are relatively complex, many and many land dispute cases can take more than 05 years. In order to resolve land disputes in the best way, the Lawyers play an indispensable role. Therefore, let Apolo Lawyers provide some legal aspects of land disputes for our Clients to understand the benefits of using the land dispute resolution service of Apolo Lawyers.
In Clause 24, Article 3 of the Land Law 2013, it is stated that “Land dispute means a dispute over the rights and obligations of land users among two or more parties in a land relationship.”
Some of the common types of land disputes are:
Disputes over boundaries between adjacent land parcels.
Disputes about who is the owner of the land plot (who has the right to use the land).
Path dispute.
Dispute on transfer (purchase and sale) contract of land use rights.
Land lease contract dispute.
Lawyers who settle land disputes
Land disputes can be resolved by initiating a lawsuit in Court or by filing a request for settlement with a competent state agency.
Whether in court procedures or in administrative procedures, the conciliation procedure at the commune-level People s Committee is mandatory for land disputes. Conciliation procedures at the commune-level People s Committee must be carried out within 45 days from the date of receipt of the request for settlement of land disputes. Accordingly, the conciliation must be recorded in writing, signed by the parties and certified by the commune-level People s Committees of successful or unsuccessful conciliation. The minutes of conciliation shall be sent to the disputing parties and kept at the commune-level People s Committee where the disputed land is located.
As analyzed above, land disputes need to go through conciliation procedures at the Commune People s Committee before being sued. In case of unsuccessful conciliation, the settlement shall be as follows:
“1. Land disputes in which the involved parties have certificates or one of the papers specified in Article 100 of this Law and disputes over property on land shall be settled by the People s Courts;
2. In a land dispute where the involved party does not have a Certificate or one of the papers specified in Article 100 of this Law, the involved party may only choose one of two forms of land dispute settlement according to the provisions of this Law as follows:
a) File a request for dispute settlement at the People s Committee of the competent level as prescribed in Clause 3 of this Article;
b) File a lawsuit at a competent People s Court in accordance with the law on civil procedures;
Thus, when there is a land dispute that has documents proving the land use right as prescribed, they can immediately initiate a lawsuit to the Court (after the conciliation procedure has been passed and failed). If you have a land dispute without the prescribed papers, you can choose one of two ways, which is to file a request for settlement at the People s Committee or initiate a lawsuit at the Court according to civil procedures. For disputes that are required to be resolved at the People s Committee, if they do not agree with the settlement decision, they can complain to the Chairman of the Provincial People s Committee/Minister of Natural Resources and Environment on a case-by-case basis or initiate a lawsuit to the Court according to the procedures. administrative proceedings.
Statute of limitations for initiating lawsuits: Particularly for land disputes, the statute of limitations for initiating lawsuits does not apply (Clause 3, Article 155 of the Civil Code 2015).”
Lawyers who settle land disputes
When you use the service of Lawyers to settle land disputes of Apolo Lawyers, Clients will be provided with a number of legal activities as follows:
Advising clients on legal issues related to land disputes
Participating in negotiations and negotiations with relevant parties in the settlement of land disputes
Participating in the process of settling land disputes at the Court/People s Committee
Consulting, representing for settlement of land disputes, lawsuits in administrative cases of land such as land allocation, support for compensation and resettlement when recovering land and houses
Support and guide customers to collect documents and evidence of the case.
In case of any difficulities or/and questions about Land dispute resolution, do not hesitate to contact Apolo Lawyers for the best support.
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