1. Instructions for handling actual land areas larger than red books
According to Clause 6, Article 135 of the 2024 Land Law, it is stipulated as follows:
In case there is a difference in area between actual measurement data and data recorded on documents specified in Article 137 of the 2024 Land Law or a Certificate of Land Use Rights or a Certificate of House Ownership and Land Use Rights or a Certificate of Land Use Rights, House Ownership and other Property Attached to Land or a Certificate of Land Use Rights, Property Ownership of Property Attached to the Land granted but the boundary of the land plot in use remains unchanged compared to the boundary of the land plot at the time of having documents on land use rights, a Certificate of Land Use Rights, a Certificate of House Ownership and Land Use Rights, a Certificate of Land Use Rights, a Certificate of House Ownership and other Property Attached to Land, a Certificate of Land Use Rights, Property Ownership of Property Attached to the Land, if the land use rights are not granted or are not granted, the land use right or Property Use Rights are not confirmed.
In case the land plot boundary changes compared to the land plot boundary at the time of having documents on land use rights or a Certificate of land use rights, a Certificate of house ownership rights and land use rights, a Certificate of land use rights, house ownership rights and other assets attached to land, a Certificate of land use rights, ownership rights of assets attached to land issued and the actual measured land area is more than the area recorded on the documents on land use rights or land use rights or the Certificate of house ownership rights and land use rights, Certificate of land use rights, house ownership rights and other assets attached to land, Certificate of land use rights, ownership rights of assets attached to issued land, the actual measured land area is more than the area recorded on the land use rights or the Certificate of land use rights, Certificate of house ownership rights and land use rights, Certificate of land use rights, house ownership rights and other assets attached to land, Certificate of land use rights, land ownership rights and assets attached to issued, the land use right certificate is considered for more than the area attached to the land use rights.
In case the Certificate of Land Use Rights, Certificate of Housing Ownership and Land Use Rights, Certificate of Land Use Rights, Certificate of Housing Ownership and Other Property Attached to Land, Certificate of Land Use Rights, Property Ownership of Property Attached to the Land is issued but the location is not accurate, the Certificate of Land Use Rights and Property Ownership of Property Attached to the Land user shall be reviewed and reissued.
Thus, when the actual land area is larger than the land area recorded in the issued red book, without any disputes with adjacent land users, when issuing a new or reissuing a certificate of land use rights and ownership of assets attached to land, the area will be determined according to actual measurement data.
2. Is it necessary to register land changes when the actual land area is larger than in the red book?
Pursuant to Clause 1, Article 133 of the 2024 Land Law, there are regulations on registration of changes in cases where a Certificate of land use rights or a Certificate of house ownership rights and land use rights has been granted or a Certificate of house ownership rights or a Certificate of construction ownership rights or a Certificate of land use rights, house ownership rights and other assets attached to land or a Certificate of land use rights and ownership rights of assets attached to land has the following changes:
(1) Land users and owners of assets attached to land exercise the rights to convert, transfer, inherit, donate land use rights and assets attached to land; contribute capital with land use rights and assets attached to land; lease, sublease land use rights in infrastructure construction and business projects; transfer projects using land;
(2) Land users and owners of assets attached to land are allowed to change their names;
(3) Change of information about land users and owners of assets attached to land on issued certificates not falling under the provisions of Point (2);
(4) Change boundaries, boundary markers, edge size, area, number and address of the land plot...
Thus, one of the cases that must register changes is the regulation on changes in boundaries, boundary markers, edge size, area, number and address of the land plot.
