Is it true that the assets on the land must be verified before the land can be sold?
I own a plot of land for which I received a land use certificate 5 years ago. I then built a house on it. Now, I want to sell this land, but I've heard some people say I need to verify the property on the land before I can sell it. Is this true? What are the conditions for transferring land use rights? This is a question from Ms. Le Thanh Huyen (Bach Ngoc commune, Nghe An province).
Reply:Based on Clause 1, Article 133 of the 2024 Land Law, which regulates the registration of changes:
Article 133. Registration of Changes
1. Registration of changes is required in cases where a Certificate of Land Use Rights or a Certificate of Ownership of Housing and Land Use Rights or a Certificate of Ownership of Housing or a Certificate of Ownership of Construction Works or a Certificate of Land Use Rights, Ownership of Housing and Other Assets Attached to Land or a Certificate of Land Use Rights and Ownership of Assets Attached to Land has been issued, and the following changes occur:
a) Land users and owners of assets attached to the land exercise the rights to convert, transfer, inherit, and donate land use rights and assets attached to the land; contribute capital in the form of land use rights and assets attached to the land; lease and sublease land use rights in infrastructure construction and business projects; and transfer projects involving land use.
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Furthermore, Article 131 of the 2024 Land Law stipulates the principles for registering land and assets attached to land:
Article 131. Principles of land and property registration.
1. Land registration is mandatory for land users and those entrusted with land management.
2. Assets attached to land, such as houses and construction works, are registered at the request of the owner.
3. Land and property registration, including initial registration and registration of changes, can be done in paper or electronic form and has the same legal validity.
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Accordingly, when land users transfer land use rights, they must register the land use change. One of the principles of land and property registration is that properties attached to the land, such as houses and construction works, are registered at the request of the owner. Therefore, it is not mandatory to confirm the assets on the land before selling the land.
