How to update cadastral records when opening a common walkway between land plots

Khương Duy |

Opening a common walkway and updating land records needs to comply with regulations, and at the same time implement according to the guidance of competent authorities.

A resident in Lang Son reflected that his family has a residential land plot in the countryside. According to the land plot diagram, the land plot is adjacent to a part of the concrete road, but this is the private path of another family, so people are not allowed to use it.

To ensure travel, people's families and adjacent households agreed to open a 1.5m wide walkway running along the land plots to make a common road. The parties also made a memorandum of understanding on opening the walkway.

In fact, the road has been formed and is being used by households. However, when carrying out land registration procedures in the locality, requesting to update the common walkway into the land plot diagram, people were told that this is not allowed.

People requested functional agencies to guide them on how to ensure that adjacent households both have common roads and register land changes in accordance with legal regulations.

Answering the above reflection, the Ministry of Agriculture and Environment said that the registration of land changes has been stipulated in Article 133 of the 2024 Land Law.

The presentation of land plot diagrams and assets attached to land on the Certificate is carried out according to Appendix No. 03 issued together with Circular No. 10/2024/TT-BTNMT dated July 31, 2024 of the Minister of Natural Resources and Environment, now the Ministry of Agriculture and Environment.

This Circular stipulates cadastral records, Certificates of land use rights and ownership of assets attached to land.

The Ministry of Agriculture and Environment also said that, according to Articles 14 and 15 of Decree No. 49/2026/ND-CP, the Government has assigned provincial-level People's Committees to decide on authority and regulations on administrative procedures in the field of land.

The content assigned to localities to regulate includes the order and procedures for registration and issuance of Certificates of land use rights and ownership of assets attached to land.

The Ministry of Agriculture and Environment requests people to study and implement according to current regulations. In case there are still problems with opening common walkways or updating changes in cadastral records, people can send petitions to the Provincial People's Committee or the Department of Agriculture and Environment where the land is located to be answered according to their authority.

Khương Duy
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