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HomeLUẬT ĐẤT ĐAIXử lý đối với phần diện tích đất trên thực tế bị...

Xử lý đối với phần diện tích đất trên thực tế bị tăng lên so với diện tích trong GCNQSDĐ đã cấp?

Our forefathers long ago affirmed “An inch of land is an inch of gold”. Today, when the value of land is increasing, the protection and confirmation of land boundaries is one of the issues that many people are concerned about. But in fact, there are many cases where errors in the measurement process lead to incorrect information when issuing LURCs. So, how to handle this case?

1. The lawyer advises on the difference in the actual land area and on the LURC.

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According to current regulations, a certificate of land use rights and ownership of houses and other land-attached assets is a legal document for the State to certify land use rights and house ownership. , other property lawfully attached to land of the person who has the land use right, house ownership right and other property ownership rights on land. The display of information on the GCN’s pages is one of the bases for identifying the owner and identifying his or her property. In case there is a difference in the actual land area and on the certificate, which agency is responsible? How to handle?

If you are facing this problem but do not have time to learn the legal provisions on land, please contact Minh Gia Law Firm for support and advice on amending, supplementing, attaching main information on GCN. You can send questions directly by email or call the switchboard 1900.6169 Our attorneys are available to answer.

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Below is the content of consulting a specific case, you can refer to to expand your knowledge.

2. Advice on solutions when there is a difference in the actual land area and on the LURC.

The content of the consultation is as follows:: Currently, my family has a red book that is wrong in area compared to the original file (lack of area) and the information on the red book is also missing (there is no data on the width in the part adjacent to the traffic land, but only the data at the back but also wrong compared to reality.On paper it is 35m2 but actually 41.7m2). On the other hand, my family’s land has one side adjacent to the inter-village road and the CPC believes that my family is encroaching on the inter-village road. In addition, there is also a part of the land above my family’s land which is also adjacent to the inter-village road (red book was issued later) but the data before and after is clear but it is wrong with the field and the original condition of the plot. land (in my prediction the cadastral officer made a mistake). However, when the Commune People’s Committee solved the encroachment on the road, they only asked my family to cut the width to make the road enough, and the land above my family’s land did not solve anything (in fact, it encroached on the road). end of the road). The reason is that the Commune People’s Committee thinks that my family’s land is actually more than the area recorded in the Red Book. So I would like to ask a lawyer to advise me to redo the Red Book and how to propose to resolve the land dispute properly. I sincerely thank the lawyer!

Reply:Thank you for sending a question to Minh Gia Law Firm, with your question, we would like to advise as follows:

According to the information you provided, your land plot has been granted a Certificate, but now there is a difference between the actual area and the area in the issued Certificate. The commune People’s Committee thinks that you have encroached on the land of the inter-village road and asked you to return the encroached land. Thus, it is necessary to first determine whether you have an encroachment act or not. According to regulations According to the law, land encroachment is the fact that the current land user moves the boundary markers or the boundary of the land plot to expand the land area by themselves; Land occupation is the use of land without the consent of a competent state agency or the use of land. use land allocated or leased by the State but the land allocation or lease term expires, and the use term is not extended by the State without returning the land or using the land without carrying out the procedures for land allocation or land lease according to regulations. provisions of land law.

Through the measurement and verification process of the surveying agency, if it is determined that you have encroached on the land, you are obliged to return the encroached land. If there are grounds for the fact that the competent authority has issued a decision to handle the violation improperly, the Board has the right to file a complaint or initiate a lawsuit to the Court to annul the wrong administrative decision.

After solving the problem related to land encroachment, but the actual area is still increased compared to the area in the issued Certificate, you have the right to be granted a replacement of the Certificate or a new one. multiplied by the additional area under the provisions of Article 98 of the 2013 Land Law. Specifically:

Article 98. Principles of granting certificates of land use rights and ownership of houses and other land-attached assets

…In case there is an area difference between the actual measurement data and the data recorded on the paper specified in Article 100 of this Law or the issued Certificate, but the boundary of the land parcel being used remains unchanged compared to that of the certificate. the boundary of the land parcel at the time of having the land use right papers, there is no dispute with the adjacent land users, when granting or renewing the Certificate of land use right, ownership of houses and properties Other land-attached land areas are determined according to actual measurement data. Land users are not required to pay land use fees for the larger difference, if any.

In case of re-measurement, but the boundary of the land parcel has changed compared to the boundary of the land parcel at the time of obtaining the land use right document and the actual measured land area is larger than the area recorded on the land use right document. land, the larger difference (if any) shall be considered for a Certificate of land use rights and ownership of houses and other land-attached assets as prescribed in Article 99 of this Law..”

Thus, if the actual area is increased without changing the boundary of the land plot, you will be re-issued the Certificate according to the actual area and do not have to pay land use fees. In case the area is increased but there is a change in the boundary of the land plot, you will be considered for a Certificate with the increased land according to the provisions of Article 24a of Decree 01/2017/ND-CP.

Article 24a. Issuance of certificates of land use rights, ownership of houses and other land-attached assets for an increased land area compared with the land use right documents to households and individuals currently using land

In case of re-measurement, the actual area of ​​the land parcel is larger than the area stated in the granted Certificate or the land use right document specified in Article 100 of the Land Law, Article 18 of this Decree and the boundary If the actual land plot changes compared to the land plot boundary at the time of obtaining the Certificate or paper on land use rights, the consideration for issuance of the Certificate of land use rights and ownership of houses and other assets shall be considered. attached to land for the additional land area shall be implemented as follows:

1. In case the land area is increased due to the receipt of transfer, inheritance or donation of the land use right with the Certificate, the following shall be done:

a) Carry out the procedures for transfer, inheritance or donation for the increased land area as prescribed in Article 79, Clause 2, Article 82 and procedures for granting and changing the Certificate for the original land plot (the land plot has not yet been registered). additional land area) according to the provisions of Article 76 of this Decree if the original land plot already has a certificate of land use right without requiring the land user to carry out the procedures for consolidating the land plot. The land registration office is responsible for certifying in the application form for re-issuance or replacement of the Certificate of land use rights and ownership of houses and other land-attached assets for the increased land area and submit provide cadastral information to the tax authority, submit the certificate, update and correct the cadastral records and land database for the entire area of ​​the land plot in use, and hand over the certificate to the grantee. or send it to the commune-level People’s Committee for handover in case the dossier is submitted at the commune-level People’s Committee;

b) Carry out the procedures for transfer, inheritance or donation for the additional land area as prescribed in Article 79, Clause 2, Article 82, and the procedures for the first-time grant of a Certificate for the original land plot as prescribed in Article 2 of this Decree. 70 of this Decree if the original land parcel has a land use right document as prescribed in Article 100 of the Land Law, Article 18 of this Decree. The land registration office is responsible for certifying in the application form, granting a certificate of land use rights, ownership of houses and other land-attached assets for the increased land area, and sending information about the location of the land. submit to the tax authority, submit the Certificate, update and correct the cadastral records and land database for the entire area of ​​the land plot in use, hand over the Certificate to the grantee or send it to the Commissioner. Commune-level People’s Committees to hand over the case of submitting dossiers to commune-level People’s Committees.

2. In case the additional land area is received from the transfer, inheritance or donation of land use rights before July 1, 2014 but that additional land area has the land use right documents specified in Article 100 of the Land Law, Article 18 of this Decree, the following shall be applied:

a) Carry out the first-time granting procedures for the increased land area according to the provisions of Article 70 and the procedures for granting and renewing the Certificate for the original land plot according to the provisions of Article 76 of this Decree if the original land plot has been purchased. Issue certificate. The land registration office is responsible for certifying in the application form for re-issuance or replacement of the Certificate of land use rights and ownership of houses and other land-attached assets for the increased land area and submit provide cadastral information to the tax authority, submit the certificate, update and correct the cadastral records and land database for the entire area of ​​the land plot in use, and hand over the certificate to the grantee. or send it to the commune-level People’s Committee for handover in case the dossier is submitted at the commune-level People’s Committee;

b) Carry out the procedures for first-time issuance of the Certificate according to the provisions of Article 70 of this Decree for the entire area of ​​the land parcel if the original land parcel has papers on land use rights as prescribed in Article 100 of the Land Law. belt, Article 18 of this Decree.

3. In case the land area is increased without a land use right document as prescribed in Article 100 of the Land Law and Article 18 of this Decree, the following shall be followed:

a) If the land user does not violate the law on land, the consideration and handling and issuance of a certificate of land use rights and ownership of houses and other land-attached assets for the land area shall be considered. the increase shall comply with the provisions of Article 20 of this Decree;

b) In case the land area is increased because the land user violates the land law before July 1, 2014, it will be considered for handling and granted a certificate of land use rights, ownership of houses and assets. other land-attached assets, for the increased land area, comply with the provisions of Article 22 of this Decree;

c) In case the land area is increased because the land user is allocated illegally before July 1, 2014, the consideration and handling and issuance of the Certificate of land use rights and ownership of houses and property shall be considered. Other land-attached items for the additional land area shall comply with the provisions of Article 23 of this Decree;

dd) Procedures for granting a Certificate for the additional land area shall comply with the provisions of Article 70 and for the replacement of the Certificate for the original land parcel according to the provisions of Article 76 of this Decree if the original land plot has been purchased. Issue certificate. The land registration office is responsible for certifying in the application form for re-issuance or replacement of the Certificate of land use rights and ownership of houses and other land-attached assets for the increased land area and submit cadastral information to the tax authority, submit the certificate after the land user has fulfilled the financial obligation, update and correct the cadastral records and the land database for the entire plot area land in use, give the Certificate to the grantee or send it to the People’s Committee of commune for handover in case the application is submitted at the People’s Committee of the commune.

dd) Procedures for issuance of a Certificate for the entire area of ​​the land parcel shall comply with the provisions of Article 70 of this Decree if the original land parcel has papers on land use rights as prescribed in Article 100 of the Land Law. , Article 18 of this Decree,

Above is the content of advice from Minh Gia Law on the issue you ask and concern. If you still have questions, and need to be answered by a lawyer, please call our online legal hotline – Contact number: 1900.6169 for timely support.

Nguồn: https://chungcumatphohn.com
Danh mục: LUẬT ĐẤT ĐAI

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