More than 10 years have not resolved the dispute over 8.7 square meters of land in Vinh city.

Whose land?

Nghe An Newspaper received a petition from Ms. Le Thi Minh Chau, residing at 138 Dang Thai Than Street, Block 12, Quang Trung Ward (Vinh City). Ms. Chau's petition stated that her husband's parents, Mr. Dang Ngoc Dao and Ms. Nguyen Thi Nhuong, were using a 338m2 plot of land.²since 1976 but have not been granted a red book. In 1996, Mr. Dao and his wife divided the land into 2 parts for their 2 sons, Dang Ngoc Tung (plot number 18) and Dang Ngoc Hoa (plot number 17).

In 2003, Mr. Tung and Mrs. Chau's family built a 3-storey house, built a wall nearly 2m high, running along to divide 2 plots of land. By 2005, Mr. Tung and Mrs. Chau's family was granted a Certificate of Land Use Rights for the above plot of land with an area of ​​131.4m2.².

Ms. Chau has submitted applications for many years to have her red book renewed, but they have not been resolved due to a land dispute between the two families. Photo: PB

Although in 1996 Mr. Dao gave his son Hoa land plot No. 17, on September 9, 2003, Vinh City People's Committee still issued a Certificate of land use rights for this land plot in the name of Mr. Dang Ngoc Dao and Ms. Nguyen Thi Nhuong, with an area of ​​183.6m2.²In fact, this land plot was used by Mr. Hoa and Ms. Binh. Then, it was sold to Mr. Hau (the transfer contract is still in the name of Mr. Dao and Ms. Nhuong, area 183.6 m²). More than 1 month later, Vinh City People's Committee issued a Land Use Rights Certificate to Mr. Hau's family.

“At that time, my father-in-law was 88 years old and had a serious stroke so he had to go to Hanoi for long-term treatment. My mother-in-law was blind and could not walk, so how could she sign these documents?”

Ms. Le Thi Minh Chau.

However, Ms. Chau affirmed that the sale was correct but the documents were forged, with forged signatures of Mr. Dao and Ms. Nhuong.

As for Mr. Hau, in 2007 his family started building a house. From here, conflicts began to arise between Mrs. Chau's family and Mr. Hau's. Mr. Hau's family dismantled the wall between the two plots of land that Mrs. Chau's family had built in 2003 and trimmed the foundation of Mrs. Chau's house.

Ms. Chau petitioned the ward, Quang Trung ward (Vinh city) to inspect and make a record. After that, the parties agreed that Ms. Chau's family would let Mr. Hau's family use the entire area of ​​the fence wall; the two families agreed with the current situation; Mr. Hau's family had to build to maintain the boundary distance between the two houses of 6cm.

In the photo is a group of workers building a house for Mr. Hau in 2007, showing a boundary wall between the two plots of land. (Photo provided by Mrs. Chau's family).

By 2015, realizing that the land area in the book was less than the actual land area that her family was using, Ms. Chau submitted an application to the ward to reissue the Land Use Rights Certificate. Afterwards, Quang Trung ward came to make a record confirming the boundaries and landmarks of the land plot and claimed that a part of the land that Ms. Chau's family was using was in the red book of Mr. Hau's family.

Vinh City continued to send a working group to extract and measure additional cadastral maps of Mrs. Chau's land and determined that the land area that Mrs. Chau's family is using is 140.1m2.²(increase 8.7m²compared to the red cover). From here, Mr. Hau's family has the opinion that he bought 183.6m²but in reality only 174.9m is used², so there is 8.7m left²and asked Mrs. Chau's family to return the land.

Quang Trung Ward People's Committee has organized many meetings, campaigns, propaganda, and reconciliation between the two families. However, there are still no results.

“I stood up to persuade both families. Mrs. Chau’s family agreed to pay 130 million VND to Mr. Hau’s family to use 8.7 square meters, but Mr. Hau insisted on 150 million VND. Seeing that the amount of money that Mr. Hau’s family demanded was too high, Mrs. Chau did not agree to negotiate anymore, so the matter fell into a deadlock.”

Mr. Dang Van Viet - Head of Block 12, Quang Trung Ward, Vinh City.

Has it been thoroughly resolved?

In the process of investigating the nature of the incident, we found that many issues have not been clarified and specifically answered to citizens by the two-level authorities in Vinh City.

The first,That is the land area that Mr. Dao and his wife have used since 1976, in the 1993 survey map the area is 338m2²According to the records, Mr. Dao gave his son, Mr. Tung, 131.4m²; transfer to Mr. Hau is 183.6m². The total area of ​​these two plots of land combined is only 315m2.².

So, 23m²Where is the remaining land of Mr. Dao's family, while Dang Thai Than street is not expanded, adjacent households are not encroaching, there is no dispute. The incident has lasted from 2007 until now, but Quang Trung ward as well as Vinh city have not once come to extract the cadastral map of the two plots of land above to have a basis to resolve the incident.

Monday,Quang Trung ward as well as Vinh city both said that Ms. Chau's family is using 8.7m²The land is in the red book of Mr. Hau's family. However, Quang Trung ward has only come to measure by hand once; Vinh city has never come to directly measure the actual area that Mr. Hau's family is using.

The total area of ​​the two plots of land of Ms. Chau's family and Mr. Hau's family is 23 square meters less than the plot of land of Mr. Dang Ngoc Dao's family in the 1992 survey map. Photo: PB

Only with the information that Mrs. Chau's house has 8.7m extra², Quang Trung ward (Vinh city) concluded that this area belongs to Mr. Hau's family, is it complete or not?. Is it possible that both Mrs. Chau's family and Mr. Hau's family used more than the land area granted in the book or not?, because the total area of ​​the 2 plots of land is still 23m2 short.².

Tuesday,In her petition, Ms. Chau repeatedly reported that the dossier granting the Certificate of Land Use Rights for plot No. 17 to Mr. Dang Ngoc Dao in 2003 and the dossier transferring land from Mr. Dao to Mr. Hau also in 2003 were forged, with forged signatures of Mr. Dao and Ms. Nhuong.

The kitchen area and outbuildings of Mrs. Chau's family that Quang Trung ward, Vinh city said are in the red book of Mr. Hau's family. Photo: PB

However, for many years, Quang Trung ward as well as Vinh city only gave a general answer that the issuance of the red book and the transfer were correct. However, Mr. Dang Van Viet - Head of Block 12, Quang Trung ward, said that in 2003, Mr. Dao and Mrs. Nhuong were old, blind, and were in Hanoi for medical treatment, so signing the red book and land transfer documents was incorrect.

Wednesday,In the application for a Certificate of Land Use Rights of Mr. Dang Ngoc Dao's family on August 18, 2003, the People's Committee of Quang Trung Ward confirmed that the land plot had no disputes and was in accordance with the planning. Then, on September 19, 2003, in the record of checking the records and current status of the land plot transferred from Mr. Dang Ngoc Dao's family to Mr. Nguyen Van Hau's family, the People's Committee of Quang Trung Ward also confirmed that the land plot had no disputes and was in accordance with the planning of residential land, with a total area of ​​183.6m2.².

At the same time, Mrs. Chau's family had finished building a 3-story house, and had not expanded it since then. So, Mrs. Chau's family encroached 8.7m.²of Mr. Hau's family since when?. Furthermore, as for Mr. Hau, since 2003 after the transfer until 2015, why has there been no opinion about the lack of land?.

“The ward also admitted its mistake that when dividing, it had to check the current status and have a record to determine whether there were overlapping landmarks between the plots of land or not. But at that time, the government did not do this properly. This was the government’s fault, not to mention other mistakes.”

Mr. Ha Thai Son - Chairman of Quang Trung Ward People's Committee (Vinh City).

It must be affirmed that Mr. Hau's family bought plot of land number 17, 183.6m wide.²is true. Mr. Hau's family has fulfilled all financial obligations to the State. But to conclude that, 8.7m²The land that Mrs. Chau's family is using is in the red book of Mr. Hau's family, which is not really thorough and convincing.

Currently, Quang Trung ward is considering a plan to guide the families to file a lawsuit in court. However, taking each other to court is something that neither family wants because it wastes time, effort and money. In all fairness, both families have made mistakes and the local government's mistakes cannot be denied. Therefore, the two families should have a more friendly attitude to come to a common solution. Because if it becomes "tense", both sides will lose.