NEIGHBORS BLOCK THE COMMON PASSAGE, HOW TO RESOLVE?

Encroaching adjacent land, building fences and gates to block common passage are not uncommon phenomena in land use practice, especially in areas with high population density. Is this a violation or not? And when neighbors block the common passage, making it difficult to get to the public road, how can the land owner deal with it?

1. Principles for exercising right to adjoining immovable property

The law respects the parties’ right to agreement during the use of adjoining immovable property, as long as the agreement does not violate regulations and ensures the appropriate rights of the parties.

However, if the parties do not have an agreement or the agreement is incomplete, it is necessary to pay attention and comply with the following principles:

– Ensure the appropriate exploitation of the entitled immovable property in conformity with the use purposes of both entitled and obliged immovable property;

– Do not abuse the right to the obliged immovable property;

– Do not obstruct or hassle the exercising of right to the entitled immovable property.

Acts that violate regulatory principles and affect the legitimate rights and interests of others during the process of using real estate, depending on the case and severity, can be determined as a violation of the law.

2. Right to use common passage

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 passage shall be opened in the adjoining immoveable property which is deemed to be the most convenient and reasonable, taking into consideration the special characteristics of the location, the interests of the immoveable property which does not have an exit, and what will cause the least damage to the immoveable property through which the passage is created.

Unlike public passage that belong to public land managed by the State, passages are opened from adjoining immovable property, or “neighbor’s land”, which is defined as land under the private management and use rights of individuals/family. The owner of the property enjoying the right of passage may be required to compensate the owner of the property subject to the right of passage, unless the parties agree otherwise.

Comparing the regulations with the above analysis, ensuring a common passage is one of the obligations that need to be followed during the use of adjoining immovable property. Any act that prevents or makes it difficult to exercise rights to real estate in this case is not allowed.

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3. Resolution in cases where no agreement can be reached leading to disputes over common passage

Disputes over common passage are one of the most common types of land disputes. In case neighbors intentionally block the common path in violation of the law, the real estate owner has the right to request a competent authority to resolve it according to regulations.

a. Conciliation of disputes over common passage

The State shall encourage the disputing parties to conciliate themselves or have the 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. Resolution of 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.