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Resolving land disputes

Resolving land disputes

1. LAND DISPUTE

The types of land disputes now very diverse, rich, sometimes intertwine. Land disputes often in these cases: The disputes which determine who has the legal right to use the land in dispute; land dispute in which the lawful land use incurred with other relevant employer during the latter to exercise their rights and obligations; Disputes between the parties on the management, use of a certain area or part of that area; Disputes arising in relation to inheritance; Disputes arising in the process of land clearance and compensation ...

2. TYPES OF COMMON LAND DISPUTE

In practical resolution of disputes in the competent authorities, each relations disputes related to land is governed by many different documents. Therefore, determining the rights and obligations of the parties to the dispute is extremely complex. One of the important factors that the parties need to determine the first to know and defend their rights is the right to determine their obligations as well as his ability to win the case was to determine the relationship disputes for his case is gi? below are some common types of disputes:

Disputes over land use rights related to disputes over administrative boundaries.

Reclaim land disputes, recover assets associated with land use rights: In the form of this dispute has the following categories:

Reclaim land, their assets, the ones in the previous various stages through the adjustment was divided, giving to others.

Reclaim land disputes and property of churches, religious orders, temples, shrines, churches them.

Disputes reclaim the land loan, lease, in thanks.

Disputes LUR and assets attached to land use rights as divorcing spouses;

Disputes over inheritance LUR and assets attached to land use rights;

Disputes between the users together on the boundary between the lands are allowed to use and manage;

Disputes between agriculture and forestry and other land use organization with local people.

Contractual disputes conversion, transfer, lease, sublease rights SDD, mortgage or guarantee or contribute capital with the value of the SDD.

Disputed by others harm or restrict the rights and obligations arising during SDD.

Disputes over use

Disputes over land clearance service public works, national interest and compensation when performing clearance ...

3. SOME NOTES FOR LAND DISPUTE RESOLUTION

- Regarding the determination of jurisdiction to resolve disputes over the right to use
Currently, Clause 1 of Article 203 of the Land Law 2013 stipulates: land disputes have been reconciled in the People's Committee (CPC), ward or township where one party or the parties do not agree, the competent is determined to settle in the direction of "disputes over land use rights that litigants have a certificate of land use rights or have one of the documents stipulated in Article 100 of this law and disputes over assets land by the people's court shall resolve ... ".

For land disputes without valid papers prescribed in Article 100, they may file an application for dispute resolution at the Committee or the competent authority to sue the competent court. Thus, the provisions of the Land Act 2013 has extended jurisdiction to resolve land disputes in comparison with the provisions of the Land Act went before.
- On the basis of reconciliation for the land dispute
In Official Letter No. 116 of the Supreme People's Court (SPC) dated 07/22/2004, the "In the spirit of the provisions of Article 135 and Article 136 of the Land Law in 2003, the land dispute must necessarily draw award at the CPC, wards and townships where land disputes ... Therefore, "since 01/07/2004 onwards, the Court shall only accept and settle land disputes have been reconciled at communal levels that one party or the parties do not agree to the court and sue. "
At present, in view of the practical work, all land disputes must go through conciliation procedures at the CPC, ward off lawsuits before the courts. According to the provisions of Clause 1 of Article 202 of the Land Law in 2013, the state encourages the parties to mediation, if mediation is not requested, the Commission filed a communal human settlement. Time resolution of reconciliation at the facility is 45 days from receipt skinny.

- Jurisdiction Court dispute settled through negotiations:

According to Paragraph 1 of Article 35 c of Civil Procedure Code in 2004, the courts where the property has jurisdiction to resolve the dispute over the property.
On the authority of the courts for territorial disputes inherited estate or land use rights, the Court applied in the residence of the defendant.

4. ATTORNEY DISPUTE SETTLEMENT LAND - RESIDENTIAL (ESTATE)

Related to the field of resolving land disputes - housing, we have learned:

Resolving land disputes on determining who is the owner, lawful use of land and housing;

Land Dispute Settlement determine the rights and obligations of the parties to the contract of assignment, conversion, donation, mortgage of land and housing;

To settle inheritance disputes, property disputes are common land and housing;

Dispute resolution demanding land and housing;

Resolving land disputes about boundaries, boundaries of land and housing;

Resolving land disputes about division of common property or property the couple's land and housing;

Resolving Disputes over compensation and resettlement when the State recovers land, property on the land;

Resolving land disputes about business cooperation and capital contribution with land and housing.

Congtytuvanluat.net service providers litigator - resolve disputes relating to land - housing (housing) at the court level, including:

Consultant land law, housing law on how to resolve the dispute, assess the strengths and weaknesses of the parties to the dispute. Given the specific plan the most profitable in the process of negotiation, mediation (if any);

Guiding and advising clients lawsuit procedures, statutes of limitations, conditions for initiating, as the subject and compose the petition submitted to the competent court. Recommendations agencies conducting legal proceedings relating to the promulgation of the decision not to due process, order ... Affect the legitimate rights and interests of customers.

Conduct investigations gathering evidence - documents, examine and evaluate evidence - documents to be submitted before the Court;

Drafting applications, requests and other relevant documents to the applicants;

Participate in the proceedings as a defense attorney, protect the legitimate rights and interests to clients at all levels of court cases related to housing:

Participate in the proceedings as a representative on behalf of clients Commissioner to- implement all the plans and the manner prescribed by law to protect the legitimate rights and interests of the customer in the best way in the court granted.

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