According to the authorities, the cause of disputes often comes from fluctuations in land prices, the transfer of land by the parties in many cases does not comply with the form; the land use process has overlap between households.
The Provincial People's Court heard a case of land use rights dispute.
In recent years, the number of civil disputes has tended to increase, in which the majority are disputes related to land and property with many complicated developments.
In the first three months of 2024, more than 2,200 civil disputes arose in the province, most of which were land-related disputes (accounting for about 70%) with complicated factors and prolonged developments.
The cause often comes from fluctuations in land prices, the transfer of land by the parties in many cases does not comply with the form; the land use process has overlap between households.
At the same time, some cases have lasted for many years and are difficult to resolve due to objective reasons such as changes in legal regulations on land management or adjustments in mapping, changes in cadastral maps, changes in land status due to natural disasters, etc.
For example, the dispute between Mr. A. and Mr. M., residing in Dong Phuoc A commune, Chau Thanh district.
The two had a dispute since 1994 over a piece of land with an area of 832 square meters, which was previously a canal but has now been filled in. When Mr. A's family cultivated the land, Mr. M prevented it, and vice versa, both families wanted to recognize the land as belonging to their family, while the local authorities said that this was land managed by the State. In the end, the two families had to file a lawsuit to ask the court to decide.
Previously, the People's Court of Vi Thanh city accepted to try a land dispute case regarding land mortgage.
Specifically, in 2015, Mr. K. and Mrs. N. received a piece of land from Mr. L. and Mrs. H., a part of rice field with an area of 8,698.7 square meters, in Ward III. The two parties signed a handwritten document with the land mortgage amount of 200,000,000 VND. The agreement period was 3 years, if the land was not redeemed by the deadline, the couple would continue to cultivate it.
However, after a while, Mr. K. and Mrs. N. learned that the land they had received had been transferred by Mr. L. and Mrs. H. to Mr. B., and that Mr. B. had also mortgaged this land at the bank. After the agreement failed, Mr. K. and Mrs. N. had to sue Mr. L. and Mrs. H. in court to request compensation for damages.
According to the Provincial People's Court, land-related disputes are mostly difficult, complicated, and prolonged lawsuits, mainly due to fluctuations in land prices with the trend of increasing land use rights values. Therefore, land-related disputes occur between many different subjects such as: between brothers, relatives, friends, etc., especially disputes between neighbors are quite common.
Mr. Nguyen Dong Khoi, Head of the Department of Prosecution of Civil, Administrative and Other Cases in accordance with the Law, Provincial People's Procuracy, said that there were many cases where, after the first-instance court's verdict, the parties still did not agree and continued to appeal to the appellate court, leading to the case being prolonged and intense. On the other hand, the level of legal awareness of a part of the population is still low; transactions of buying and selling, lending, letting people stay... do not have specific documents, so disputes often occur during the usage process.
According to Mr. Nguyen Hoang Manh, Vice Chairman of the Provincial Lawyers Association, to reduce current land disputes, in addition to improving people's legal knowledge, it is necessary to carefully study information related to the land plot before making a purchase and sale transaction. For lending or letting people stay... it is necessary to prepare necessary documents and procedures and have them confirmed and stamped by the authorities into valid documents to avoid disputes.
In addition, state agencies involved in measuring and granting land use right certificates need to collect and verify necessary, complete, accurate and clear information to grant certificates to the correct owners, avoiding unfortunate disputes.
Mr. Truong Dinh Nghe, Chief Justice of the Provincial People's Court, said that currently, most civil cases related to land are complicated. To ensure the litigation process, in accordance with legal procedures, it is often necessary to verify, collect, supplement evidence, and evaluate assets... This makes the resolution of this type of case take a lot of steps, procedures and time.
To improve the quality of resolving civil cases, especially civil cases related to land disputes, to achieve high efficiency, according to Mr. Truong Dinh Nghe, the court sector is continuing to promote mediation in resolving disputes, focusing on applying the Law on Mediation and Dialogue in Court.
“The unit will also strengthen the building of a team of highly qualified court officials; recommend that competent authorities more closely control the management, measurement, and issuance of land use right certificates... to limit the occurrence of disputes,” Mr. Nghe added.
Article and photos: BB
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