Recently on a real estate forum , information was posted "The land was left empty, the neighbors planted trees, now I build a house and ask them to move it, they ask for 10 million VND in compensation", is that true?
Regarding this issue, lawyer Nguyen Ngoc Hung - Ket Noi Law Office (Hanoi Bar Association) - said that according to the provisions of the Civil Code, land owners and users have the following rights: the right to possess, use and dispose of their property.
The law protects people's property rights, so any act of infringing on ownership or use rights or committing illegal acts of encroachment or use of land is an illegal act.
Accordingly, land users have the right to protect themselves and prevent anyone from violating their rights by using measures that are not contrary to the provisions of law.
In fact, the landowner does not have any documents or will about leasing or borrowing land for farming, growing vegetables, or growing fruit. Therefore, objectively, people arbitrarily growing trees and vegetables on other people's land is a violation of arbitrarily managing and using other people's land.
In this case, legally the neighbor has illegally planted vegetables, fruit trees... on your land, so you have the right to request them to remove the illegally grown property without having to pay compensation. Usually any expenses. Or depending on the will, according to the agreement, the two sides can find a negotiated and conciliatory solution to reduce losses for growers by allowing them to proactively harvest vegetables and return the land to the landowner for a period of time. certain.
In case the two parties cannot agree on the settlement of the above mentioned plants or the value you pay back to your neighbor, you can request the People's Committee of the commune or ward where you reside to resolve or initiate a settlement. sue the People's Court, which has the authority to request the neighbor to return the land to its original state.
In case you arbitrarily cut down a tree and cause damage to others, it will be considered an act of arbitrarily destroying another person's property and may be punished. Therefore, you should not arbitrarily coerce or confiscate property, even if this is your land and has been encroached by a third person.
The process of resolving, enforcing, and recovering assets must comply with the law and be approved and permitted by a competent state agency.
