What should I do if I've paid for the land but the ownership hasn't been transferred?

Point a, Clause 4, Article 95 of the 2013 Land Law clearly states that land users must register land use changes when transferring land use rights.

Furthermore, Clause 6 of Article 95 of this Law also stipulates: " In cases of registration of changes as prescribed in points a, b, h, i, k, and l of Clause 4 of this Article, within no more than 30 days from the date of the change, the land user must carry out the procedure for registering the change; in the case of inheritance of land use rights, the time limit for registering the change is calculated from the date of completion of the division of land use rights as inherited property. "

Therefore, when transferring land use rights, the parties must carry out the procedure for registering the change (transferring the land title). The registration of the change must be completed within a period not exceeding 30 days from the date of the change.

Buyers may face numerous legal risks during land use if they have completed a land purchase transaction but the ownership has not yet been transferred.

In cases where money has been transferred but the land title has not yet been officially registered, the buyer may face the following risks:

- Disputes are likely to occur during land use;

- On paper, the land still belongs to the "previous owner," making it difficult for the buyer to have their rights protected in the event of a dispute.

- Buyers are restricted from transactions related to land use rights such as: transferring ownership to others; gifting; and bequeathing.

- Subjected to administrative penalties under Decree 91/2019/ND-CP

Buyers may face numerous legal risks during land use if they have completed a land purchase transaction but the ownership has not yet been transferred. So, what should buyers do to protect their rights in this situation?

If, after contacting the buyer to negotiate and agree on the registration of changes in land use rights, the buyer still deliberately evades and fails to carry out the transfer procedure or cooperates in completing the procedure, the buyer has the right to file a lawsuit requesting the court to resolve the matter.

According to the regulations of civil procedural law, anyone who initiates a lawsuit must have documents and evidence to prove their claim; otherwise, the court will reject the lawsuit.

When submitting documents and evidence along with a lawsuit, it is not necessary to submit everything the plaintiff possesses; instead, only the documents and evidence that prove the lawsuit's claim need to be submitted.

Pursuant to Clause 9 of Article 26, Point a of Clause 1 of Article 35, and Point c of Clause 1 of Article 39 of the 2015 Civil Procedure Code, the plaintiff shall file the lawsuit at the District People's Court (district, county, town, city under a province, city under a centrally governed city) where the disputed land is located if the dispute is between households or individuals using the land.

If the parties sign a land use rights transfer contract but it has not been notarized or authenticated, the land use rights transfer transaction will not be recognized by law and will be invalid according to Article 129 of the 2015 Civil Code (due to violation of the mandatory formal requirement of notarization or authentication of the contract).

Accordingly, the legal consequence of an invalid contract under Clauses 2 and 3 of Article 407 of the 2015 Civil Code is that it does not give rise to rights and obligations of the parties.

Therefore, when a lawsuit is filed to resolve the dispute, the court will declare that the parties must restore the original state, the seller must return the money, and the buyer must return the land. The party at fault for rendering the contract invalid will have to compensate for damages.

BAO HUNG

Source: https://vtc.vn/da-tra-tien-mua-dat-nhung-khong-duoc-sang-ten-phai-lam-gi-ar844374.html