Land encroachment frequently occurs between neighboring households and is one of the most common causes of land disputes. So what should you do when a neighbor encroaches on your land? How can you proceed with splitting the land use right certificate (red book)? Read this article to understand clearly!

Distinguishing Between Land Encroachment and Land Occupation

According to Article 12 of the 2013 Land Law, land encroachment and land occupation are prohibited acts.

According to Clause 1 and Clause 2, Article 3 of Decree 91/2019/ND-CP, land encroachment and occupation are defined as follows:

“1. Land encroachment is the act of moving boundary markers or land plot boundaries to expand the used land area without permission from the state land management authority or without consent from the lawful land user of the encroached land area.
2. Land occupation is the use of land in one of the following cases:
a) Using land without permission from the state land management authority;
b) Using land lawfully managed by another organization or individual without their permission;
c) Using land allocated or leased by the State after expiration without renewal (except cases prescribed by law);
d) Using land on-site without completing land allocation or lease procedures as prescribed by law.”

What Should You Do If a Neighbor Encroaches on Your Land to Protect Your Rights?

Land disputes involving encroachment are disputes over land use rights. This usually happens when one party arbitrarily occupies land or changes boundary lines.

According to Articles 202 and 203 of the 2013 Land Law, you may resolve the issue as follows:

Negotiation and Mediation to Recover Encroached Land

Pursuant to Clause 1, Article 202 of the 2013 Land Law, the State encourages parties to resolve land disputes through self-negotiation or grassroots mediation.

If negotiation fails, you may submit a request for mediation to the Commune People’s Committee where the land is located.

Key points:

• The Chairman of the Commune People’s Committee is responsible for organizing mediation

• Cooperation with the Vietnam Fatherland Front and related organizations is required

• Maximum resolution time: 45 days from receipt of the request

• A mediation record must be prepared and signed by the parties and certified by the Commune People’s Committee

After mediation:

• Successful mediation: The boundary adjustment is sent to the Department of Natural Resources and Environment for correction

• Unsuccessful mediation: The disputing party may file a lawsuit at the district-level People’s Court

Filing a Lawsuit at the District People’s Court

If the land has a red book, you need:

• Lawsuit petition

• Proof of land use rights

• Mediation record certified by the Commune People’s Committee

• ID documents of the plaintiff

• Other relevant documents (land maps, survey records, etc.)

If the land has no red book:

• You may file a lawsuit at court or request settlement by the district/provincial People’s Committee

• If you disagree with the decision, you may appeal to the provincial authority or file a lawsuit in court

Penalties for Land Encroachment

According to Article 14 of Decree 91/2019/ND-CP (amended by Clause 5, Article 1 of Decree 04/2022/ND-CP), fines include:

• VND 2,000,000 – 500,000,000 for individuals depending on land type and encroached area

• Higher penalties apply in urban areas

• For organizations, fines may be doubled (up to VND 1,000,000,000)

Additional corrective measures:

• Restore land to its original condition

• Return encroached land

• Register land if eligible

• Complete land allocation/lease procedures

• Pay back illegal profits gained from violations

How to Split a Red Book When Your Land Is Encroached?

According to your information, the actual land area does not match the red book because part of the land has been encroached by a neighbor.

In this case:

• You should negotiate with the neighbor to return the encroached land

• If they refuse, you must follow legal dispute resolution procedures as described above

• After a legally effective judgment or decision, you may proceed with land subdivision (splitting the red book) in accordance with regulations

Conclusion

The above is information on what to do when a neighbor encroaches on your land and how to split a red book. We hope this helps you understand the legal process clearly.

If you need legal consultation or land documentation services, please contact LHLegal for fast and professional support.

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