If the actual area is larger than what is stated on the land certificate, can an additional area be issued?

(Chinhphu.vn) - The family of Mr. Nguyen Van An (Hai Phong) owns a plot of land granted in 1998 with an area of ​​543 m2, but a recent re-measurement shows the area to be 672 m2, even though the family did not reclaim the land, encroach on it, or have any disputes over the land.

One side of Mr. An's family land borders agricultural land, and the current measurement shows that the land does not encroach on agricultural land.

Mr. An asked, "If my family wants to add more land area to the land certificate, what procedures do we need to follow and what fees will we have to pay?"

The Ministry of Agriculture and Environment responded to this issue as follows:

The issue raised by Mr. [Name] concerns a specific case and requires consideration and resolution based on archived records and specific local regulations issued by relevant authorities; therefore, the Ministry of Agriculture and Environment does not have sufficient information or grounds to provide a specific answer. The Ministry of Agriculture and Environment would like to state the following principles:

According to Clause 6, Article 135 of the Land Law, in cases where there is a discrepancy in area between the actual measured data and the data recorded on the issued land certificate, but the boundaries of the land parcel in use remain unchanged compared to the boundaries at the time the certificate was issued, and there is no dispute with adjacent land users, the land area shall be determined according to the actual measured data.

In cases where a re-measurement reveals changes in the land parcel boundaries compared to the boundaries at the time of issuance of the Certificate of Land Use Rights, and the actual measured land area is larger than the area recorded on the Certificate, the excess area will be considered for the issuance of a new Certificate of Land Use Rights in accordance with Clause 2, Article 24 of Decree No. 101/2024/NĐ-CP.

Regarding the determination of the financial obligations of land users when renewing land use right certificates, we suggest you contact the local financial agency for guidance and consideration in accordance with the law.

The Ministry of Agriculture and Environment is providing this information so that you are aware and can contact the competent local authority for guidance on implementation in accordance with the law.

Chinhphu.vn

Source: https://baochinhphu.vn/dien-tich-thuc-te-lon-hon-giay-chung-nhan-co-duoc-cap-bo-sung-102260513094339185.htm