How to handle cases of land overlap on the Certificate

VTV.vn - Mr. Nguyen Anh Phong's family (Nghe An) discovered that their land overlapped with two neighboring households when their neighbors completed the procedures to separate the land, but the parties have not yet agreed on how to handle the matter.

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Mr. Nguyen Anh Phong's parents ( Nghe An ) were allocated residential land by the state in 1986 and were re-issued the Certificate of land use rights, house ownership rights and other assets attached to land (pink book) since 2013.

Up to now, Mr. Phong's family's neighbors have completed procedures to separate the land title and transfer the land. During the measurement process, they discovered that a part of the adjacent land overlapped with Mr. Phong's parents' land (according to the Certificate). Continuing to check, they found another adjacent household with similar overlap.

According to the local government's point of view, because when measuring, the households agreed to sign the documents (without signing the boundary), so now they must accept the area as granted according to the Certificate and adjust the actual boundary according to the granted Certificate. However, the overlapping households do not agree with the above plan, requesting to review and re-issue the Land Use Certificate according to the current land use status of the households.

Mr. Phong asked, so how to handle this in accordance with current regulations?

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

The content of your reflection is a specific case under the jurisdiction of the competent land management agency based on management records and legal regulations issued locally. The Ministry would like to state some relevant principles as follows:

The current procedure for granting and exchanging Certificates is carried out according to Section VII, Content C, Part V, Appendix I issued with Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government regulating the division of authority of local authorities at 02 levels, decentralization, and decentralization in the field of land.

In case the land user has grounds to believe that an administrative decision or administrative act is illegal and directly infringes upon his/her legitimate rights and interests, the land user has the right to complain or file a lawsuit against the above-mentioned acts and decisions according to the provisions of Clause 1, Article 7 of the 2011 Law on Complaints and Clause 1, Article 237 of the 2024 Land Law.

The Ministry of Agriculture and Environment would like to inform you to study and implement.

Source: https://vtv.vn/cach-xu-ly-truong-hop-bi-chong-lan-dat-tren-giay-chung-nhan-100251023161135847.htm