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Having trouble buying the same plot of land without being eligible to separate the parcel

Anh Tinh bought a plot of land with another family two years ago. When making the red book, he left them in their names with the intention of separating the parcels and books in the future, but now he realizes it was a mistake.

In October 2021, when he made a red book to separate the land plot, the regulations on the minimum area to separate the land plot in the locality had just changed. Therefore, the land purchased together no longer meets the minimum level to be split. Love “can’t turn back in time”.

Last March, where Mr. Tinh lived, he carried out a project to build an inter-district road. The land purchased together is cleared and compensated, but only the “other house” is granted land and compensation, while Mr. Tinh’s house is not. Currently, Tinh and his wife are confused because they do not know how to reclaim their rights to the land they bought together.

Regarding the provisions of law in case many people share the same land use right, Lawyer Pham Thanh Binh (Bao Ngoc Law Firm, Hanoi) said that according to Clause 2, Article 98 of the 2013 Land Law, many people share the same land use rights, many people own houses and other attached assets. For land, the certificate of land use rights and ownership of houses and other land-attached assets must fully state the names of all and issue one to each person. At the request of the users and owners, a joint certificate shall be issued and given to the representative.

Accordingly, a group of land users who share the same land use rights have the rights and obligations specified in Article 167 of the Land Law as follows:

– In the case of a group of land users in which the land use right can be divided into parts for each member of the group, if each member of the group wants to exercise the right to his or her share of the land use right, he/she must carry out procedures. split plots according to regulations, carry out procedures for issuance of certificates of land use rights, ownership of houses and other land-attached assets, and exercise rights and perform obligations of land users in accordance with this Law. .

– In case the land use rights of a group of land users cannot be divided into parts, the representative shall be authorized to perform the rights and obligations of the group of land users.

Regarding the provisions of law related to the issue of parcel separationlawyer Binh said that the area of ​​land to be separated must meet the conditions on the minimum area to be divided according to the regulations of the provincial People’s Committee.

Besides, in Clause 3, Article 29, Decree 43/2014/ND-CP dated May 15, 2014 stipulates that in case the land user applies to split the land plot into a land parcel with an area smaller than the minimum area of ​​VND When applying for the merger of that land parcel with another adjacent land plot to form a new land plot with an area equal to or larger than the minimum area to be split, a certificate of land use right, ownership houses and other assets attached to the land for the new land plot.

According to the above provisions, in case if there is not enough land area to separate the parcel but want to separate, it must be done at the same time as having to separate the land plot together with the consolidation of that land parcel with the adjacent land plot to form a new land area. having an area equal to or greater than the minimum area allowed to separate the parcel according to the regulations of the People’s Committee of that province, then they are entitled to separate the land plot.

According to the information provided, he bought the same plot of land with another family. When making the red book, he was not in the same name, so he did not have the rights specified in Article 167 above.

To solve this, lawyer Binh advised Mr. Tinh to ask the “other family” party to carry out the procedures so that you can share your name on the land use right certificate or ask the other party to return it. amount.

In case the two parties cannot reach an agreement, Mr. Tinh can initiate a lawsuit to a competent court to request the court to settle. The lawyer noted that when filing a lawsuit, Mr. Tinh needs to have papers and documents to prove that the two parties agree and that he has spent money and to buy the same land.

Hai Thu

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