Will the road lead to the land being registered in the land registry?

Not a shared walkway

In discussions with several households in Hong Phong residential area, Tien Hai town, Tien Hai district ( Thai Binh province), reporters learned that the dispute over the access road began when Mr. To Van Yen's family (wife of Ms. Luu Thi An) replanned their land plot in 2021.

The pathway through Mr. To Van Yen's land has been granted a land ownership certificate ("red book"), but Mr. Nguyen Van Huy's family is claiming it as a shared pathway.

Mr. To Van Yen affirmed: “In 1971, my wife and I were given land by her parents to build a house and start a family. The land and pond are adjacent, with no shared access road, as shown on the cadastral maps of 1990 and 1995. In 1996, my family was granted a land ownership certificate in my wife's name, Luu Thi An, with a residential land area of ​​340m2 and a pond area of ​​400m2. The adjacent land belongs to Mr. Nguyen Van Ruong (long-standing land inherited from his father). Mr. Ruong's family has a front access road to Cau Buc bridge. When my family moved in, Mr. Ruong asked to use the land for convenience. Out of neighborly kindness, my wife and I allowed him to use it without any hesitation or calculation.”

In 2008, Mr. Nguyen Dinh Rang (son of Mr. Ruong) sold the plot of land to Mr. Nguyen Van Huy, but it wasn't until 2014 that the sales contract was finalized and the land title was transferred ("red book").

The 1990 cadastral map only shows the access road up to Mr. Yen's (Mrs. An's) house.

At the time of the transaction, Mr. Huy came to my family and asked to use this access road. The land plot that Mr. Huy acquired, which provided access to the Bục Bridge, had already been registered in the land title deed ("red book"), and instead, a 3-meter-wide road was planned in the southeast direction.

"In 2021, my family renovated the land plot and discussed the access road with Mr. Huy's family, but they disagreed, demanding that we return the shared access road with a width of 3.9m and a length of 37m. Meanwhile, the residential land area according to map 299 and the land title issued in 1996 for my family only increased by 6m2. I don't know where the land area of ​​over 100m2 for the access road came from?!"

The 1995 cadastral map only shows the pathway up to Mr. Yen's (Mrs. An's) house.

To ensure objective and comprehensive information, the reporter spoke with Mr. Nguyen The Dan (born in 1940), a household confirmed by the Tien Hai Town People's Committee to be using a shared pathway with Mr. To Van Yen and Mr. Nguyen Van Huy. Mr. Dan frankly stated: "I have never considered the pathway with Mr. Yen's house as a shared pathway! My father, Nguyen Van Ruong (deceased), lived on the adjacent plot of land to Mr. To Van Yen's house since my grandfather's time. For half a century, the two families have always been united and friendly... neighbors helping each other, without any disputes."

After my father passed away, the family left all their property to my older brother, Nguyen Dinh Rang. In 2008, my brother sold it to the Nguyen Van Huy family, and the transfer of ownership ("land title") was only finalized in 2014. At the time I lived with my family, there was a pathway in front of the house leading to Cau Buc road. The family used this pathway to visit relatives, farm, etc. In 1971, Mr. To Van Yen married Ms. Luu Thi An and moved to the adjacent plot of land (land belonging to Ms. An's parents). My father found it convenient to use Mr. Yen's land, so he used it as a pathway, abandoning the front path. While they were alive, the elders always reminded us that the path to Mr. Yen's house was a borrowed path. As someone who regularly paid land taxes, I know very well that my father's plot of land only had 310m2 of residential land and 340m2 of pond land. When my brother transferred the land to Mr. Huy, the area increased by over 200 square meters. This increased area, which is the land in front of our family's property, was incorrectly registered in Mr. Huy's land title deed (again, confirming an error due to measurement)!

Mr. Nguyen Van Ruong's land ownership certificate grants him 310 square meters of residential land and 340 square meters of pond land.

Mr. Dan asserted: "The path through Mr. Yen's land is not a shared pathway! I don't understand why the town authorities hold the view that this is a shared pathway, and that the land is for transportation purposes and is under government management; that's completely untrue!"

Currently, Mr. Dan's family has built their house on the adjacent plot of land, in front of Mr. Yen's house. Mr. Dan had previously asked for a shared access path to be opened, but he has now returned the land to Mr. Yen.

What did the authorities say?

Mr. To Xuan Hung, former land cadastral officer (from 1999 - 2018) who prepared the land transfer documents for the Nguyen Van Ruong family to Mr. Nguyen Van Huy (Hamlet 2, Hong Phong village, Tan An commune), now Hong Phong residential area, Tien Hai town, confirmed: “Based on the land cadastral records, maps, and land registers from 1990, and based on the land use right certificate documents, maps, and land registers from 1995, plots 108 and 109 of Mr. Ruong's house only show a single access path in the southeast direction to the village road, and do not show an access path to Mr. Ruong's house through Mrs. An's (Mr. Yen's) house. At the time of preparing the transfer documents between the two houses (Mr. Ruong's house and Mr. Huy's house), I discussed the access path with Mr. Huy's family: The map does not show an access path to Mr. Ruong's house through Mrs. An's (Mr. Yen's) house, and this land belongs to Mrs. An's house. Therefore Therefore, the process of preparing the land transfer documents for Mr. Ruong's house (including plots 108 and 109) to Mr. Huy's house, with the current access route shown in the Southeast direction towards the village road (3m wide road), according to the boundary and landmark confirmation record established at the time of transfer (2014), was clearly understood, agreed upon, and signed by all parties…”.

Mr. To Xuan Hung, a land administration officer of Tay An commune, confirmed this.

Mr. Pham Van Cong, Vice Chairman of the People's Committee of Tien Hai Town, replied: "When a dispute arose between Mr. Huy's family and Mr. Yen's family regarding the shared access road, the People's Committee of Tien Hai Town organized mediation between the families, but it was unsuccessful. Because the previous handover of land records between Tay An Commune and the Town did not include map 299, the town requested it from the Land Registration Office. The town established a verification team, and based on the current situation, the access road still runs from Mr. Dan's plot of land through Mr. Yen's house to Mr. Huy's house. Mr. Huy is currently using the land plot with no other access road besides the one to the north (the one currently in dispute with Mr. Yen's family)."

On map 299, the alleyway is shown from plot 424 (currently used by Mr. Dan Chu) to plot 429, which Mr. Huy is currently using. However, on the 1990 and 1995 maps, the alleyway only shows access to Mr. Yen's (Mrs. An's) house, and no longer leads to Mr. Huy's house. In 2014, on the Vlap map, the alleyway from Mr. Dan's house through Mr. Yen's house to Mr. Huy's house was shown again. Therefore, the Town People's Committee determined that this is a shared alleyway, a public road used for public purposes, as shown on map 299. Based on this, the Town People's Committee has requested the competent authorities to consider and resolve the matter.”

The pathway is shown in the southeast direction, along a 3-meter wide road.

Reporters questioned the case of Mr. Huy's land ownership certificate being transferred, resulting in a "sudden" increase in area (over 200m2). The land was designated as a 3m wide road, but Mr. Huy's family did not use it. The leader of Tien Hai Town stated: This matter previously belonged to Tay An commune, and the increase in area was due to manual measurement, making errors unavoidable. An error of over 200m2 is truly baffling to even the residents, because anyone can see with the naked eye that Mr. Huy's family's actual land area has increased significantly! If we're talking about professional land surveying, attributing this "sudden increase" to manual measurement errors is unacceptable.

The boundary demarcation record shows the land plot has increased "dramatically" by 263.3m2.

We request that the relevant authorities of Tien Hai District, Thai Binh Province, promptly investigate and clarify whether the land use rights certificate ("red book") issued to Ms. Luu Thi An (Mr. To Van Yen) and Mr. Nguyen Van Huy encroached on the road, and clarify the "sudden increase" in land area. If the issuance was incorrect, the land use rights certificate must be revoked for correction and rectification. Simultaneously, the shared and private access routes of the two families should be determined to avoid prolonged disputes and potential security and order issues in the residential area.

The Ministry of Natural Resources and Environment will provide further updates.

Source: https://dttg.baotainguyenmoitruong.vn/tien-hai-thai-binh-duong-di-thanh-dat-so-do-360117.html