According to regulations, land users can exercise the right to inherit land use rights according to regulations. Inheriting land use rights for adjacent plots may cause the use boundary to differ from the Certificate of land use rights, ownership of houses and other assets attached to the land (“red book”) ” or “Certificate”) issued. So according to current law, what are the procedures to be followed in case where the land area is different from Certificate due to inheritance?
1. Principles for Certificate issuance when the land area is different from the Certificate
Land law regulations on principles for granting Certificates of land use rights, ownership of houses and other assets attached to land in case there is an area difference between actual measurement data and the actual measurement data. Documents recorded on valid land use rights documents or issued Certificates are as follows:
In case the boundary of the land plot being used does not change compared to the boundary of the land plot at the time of obtaining land use rights documents, and there is no dispute with adjacent land users, then when issuing or replacing the Certificate, receive land use rights, ownership of houses and other assets attached to land, the land area is determined according to actual measurement data.
In this case of increased land area, the land user does not have to pay land use fees for the larger difference in area (if any).
2. Procedures need to be followed in case the land area is different from Certificate due to inheritance
In case of re-measurement, the actual land plot area is larger than the area recorded on the issued Certificate or land use rights documents, and the actual land plot boundaries have changed compared to the land plot boundaries. At the time of obtaining a Certificate or documents on land use rights, consideration will be given to granting a Certificate of land use rights, ownership of houses and other assets attached to land for the land area is different from Certificate due to inheritance is done as follows:
a. The land area is different from Certificate due to inheritance
The owner carries out procedures for transferring land use rights and ownership of assets attached to land according to regulations.
Noted, if the land area is different from the list without documents on land use rights, comply with the specific provisions of the law.
b. For the original land plot (the land plot does not have an additional area)
– If the original land plot already has a Certificate of land use rights: carry out the procedure to replace the Certificate. In this case, the land user is not required to carry out land consolidation procedures.
– If the original land plot does not have a Certificate of land use rights, but has valid documents on land use rights according to regulations: carry out the procedure for granting a Certificate for the first time.
Noted, in case the land area is different from the book due to inheritance of land use rights before July 1, 2014, comply with specific provisions of law.
- Land Law 2013;
- Decree 43/2014/ND-CP guiding the implementation of the Land Law promulgated on May 15, 2014;
- Decree 01/2017/ND-CP amending the decree guiding the Land Law promulgated on January 6, 2017.
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