DISPUTES OVER COMMON PASSAGE, WHICH AGENCY HAVE AUTHORITY TO RESOLVE?

Common passage between adjacent houses and plots of land (often called “alleys”, or “common passage”, used for the purpose of convenient use for the owner. Use of bordering land areas between adjacent pieces of land often gives rise to many disputes, especially from illegal appropriation, which is quite popular in current practice. In case of a dispute over common passage, Which agency has the authority to resolve?

1. Law regulations on common passage

Common passage or passageways may be under the management of the State or located on land under the private management and use rights of individuals and households. According to current law, owners whose real estate is surrounded by other owners’ real estate with no or insufficient access to public roads, have the right to request the property owner to surround themselves with a reasonable passage on their land.

The use of passage from private land owned by individuals and households will be carried out according to the agreement of the parties, which must pay attention to certain principles of the law.

2. Behavior is strictly prohibited in land use

Illegal encroachment and appropriation leading to disputes over common passage is one of the acts strictly prohibited by Land law:

– Encroaching, occupying or destroying land.

– Violating publicized land use master plans and plans.

– Failing to use land, or using land for improper purposes.

– Failing to comply with law when exercising the rights of land users.

– Acquiring agricultural land use rights exceeding the quota set for households and individuals as prescribed.

– Failing to register with competent state agencies when using land or making transactions of land use rights.

– Failing to perform or fully perform financial obligations toward the State.

– Abusing positions and powers to act against land management regulations.

– Failing to provide land information or providing incorrect land information as prescribed by law.

– Obstructing, or causing difficulties to, the exercise of the rights of land users as prescribed by law.

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3. Competent authority to resolve disputes over common passage

Disputes over common passage are one of the most common types of land disputes. Land dispute is understood as a dispute over the rights and obligations of land users between two or more parties in a land relationship.

a. Conciliation of disputes over common passage

The State shall encourage the disputing parties to conciliate themselves or have theừ land disputes settled through grassroots conciliation.

In case the self-reconciliation fails, the parties may send a petition to the commune-level People’s Committee of the locality where the disputed land is located, for reconciliation.

b. Resolve disputes over common passage at the dispute resolution agency

If the conciliation at a commune-level People’s Committee fails, a land dispute shall be settled as follows:

– Resolved at the competent People’s Committee;

– Initiate a lawsuit at a competent People’s Court according to the provisions of Civil procedure law.