Conditions for selling land with a red book
According to Article 27 of the 2024 Land Law, shared land with a red book can be sold. Members in the group who want to exercise their rights to their land use rights must register changes or separate plots according to regulations. After that, the land seller needs to complete the procedures for granting a Certificate of land use rights, ownership of assets attached to land and to exercise the rights and obligations of the land user according to the provisions of law.
In case the land use rights of a group of people cannot be divided into parts, the members must jointly implement or authorize the representative to exercise the rights and obligations of the land use group.
In addition, the land plot with a common red book to be sold must meet the transfer conditions. Accordingly, the land must have a red book; the land is not in dispute; the land is not seized, temporary measures are applied; the land is still in use.
Transfer contracts between individuals and households must be notarized or certified to have legal value and be allowed to register changes.
Risks of buying a plot of land under many people's names
If the land plot does not meet the minimum area or there is no separate path, it will be difficult to separate the land plot for issuance of a separate certificate. Buyers may only be co-owned with others.
When holding the red book, transferring or mortgaging a bank is also complicated. All transactions must have the consent of all owners; if one person does not agree, the transfer will not be possible.
Buying a plot of land under common ownership will easily lead to disputes and be difficult to resolve; often related to fences, common paths, common yards, general repair costs, etc.
If built illegally or illegally, it will lead to difficulties in completing construction, asking for permission to repair, and may even be forced to demolish.
Note that when buying common land, there are many people with the same red book
When buying back a plot of land with many people in the red book, the buyer must carefully check the legality of the property, ensuring the consent of all remaining shareholders, and the sale and purchase contract must be notarized.
In addition, buyers need to request a clear agreement on property division, clarifying their own rights and interests, and at the same time handling issues of mortgages, planning, or disputes before making a transaction.
