The area on the red book and the realitydoes not match, how this case is solved?
(Chinhphu.vn) –In 2016, Mr. Nguyen Trung Hieu (in Ninh Thuan Province) was granted Certificate of Land Use Right No. 123 with an area of 93.1m2. He nearly build a house, but by determining the boundary of the field, the width of the land plots No. 123, 124 and 125 are short of about 30cm in comparison to the same plots in the certificate.
Currently, the land plot No. 122 is under construction of houses, land plots of No. 124, and No. 125 have not yet been built, the plot No. 126 has built houses. Mr. Hieu would like to ask, how is this case resolved?
Lawyer Tran Van Toan, theKhanh Hung Lawyer’s Office –the Hanoi Bar Association responds to Mr. Hieu's question as follows:
According to Clause 5, Article 98 of the Land Law 2013 If there is a difference in the area between the actual surveyed data with data recorded on the documents as prescribed in Article 100 of this Law or in the granted certificate while the boundaries of the land parcel in use have not changed compared with the boundaries of the land parcel at the time of receiving the document on land use rights and there is no dispute with the adjacent land users, the land area is determined in accordance with the actual surveyed data for granting or changing the certificate.
In the case of Mr. Nguyen Trung Hieu reflected on the width of the plots of 123, 124, 125 on the sheets of map number 24, including the parcel of land No. 123, which he was granted a certificate, he will be reduced by 30cm compared to the size of the width stated in the certificate, Mr. Hieu needs to file a request for the branch of the Land Registration Office where the land is located to implement or designate the cadastral measurement unit, and re-measure the actual area of the parcel of land to determine the actual data that has a difference compared to the data on the certificate issued to users.
If it is true, there is a difference in area between the actual measurement data and the data recorded on the granted certificate, but the boundary of the currently used land plot is unchanged compared to the parcel boundary at the time of granting the certificate of land use rights; with the certification of the Commune People's Committee on the absence of disputes with adjacent land users, Mr. Hieu may request to exchange the certificate with the land area determined according to actual measurement data.
The exact area data on the certificate is the basis for him to strictly implement the land use right, to comply with the land use tax payment level, to propose the construction permit...
According to Clause 3, Article 10 of the Circular No. 24/2014 / TT-BTNMT dated May 19, 2014 of the Ministry of Natural Resources and Environment regulating cadastral files, the dossiers shall be submitted when implementing the procedures for correcting the certificate, housing ownership certificates and granted construction work ownership certificates include:
- Application for correction in case of land user, owner of property detecting errors on the certificate, the certificate of house ownership, the certificate of construction ownership granted;
- The original certificate issued.
Lawyer Tran Van Toan,
The Khanh Hung Lawyer’s Office – the Hanoi Bar Association
By: Online Newspaper of the Government / Translator: HaiYen-Bizic
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