Mr. Pham The Thang (Hanoi) asked, is a land plot with a common walkway with the agency (walkway without dispute, stable, not in the planning), used stably since 1995 eligible for a Certificate of Land Use Rights?
The Ministry of Agriculture and Environment answers this question as follows:
The content of his reflection is that the specific case is under the jurisdiction of the locality and needs to be based on archival records, specific regulations that the locality has issued according to the authority to enforce the Land Law to consider and resolve; therefore, the ministry has no basis to answer. The ministry states a number of principles as follows:
Article 29 of the Land Law stipulates:
1. Rights over adjacent land plots include rights to walkways; water supply, drainage; watering, drainage in cultivation; gas supply; installation of power lines, communication and other necessary needs as prescribed by law.
2. The establishment, change or termination of rights to adjacent land plots shall be carried out in accordance with the provisions of civil law; and must be registered in accordance with the provisions of Article 133 of this Law for cases of rights to walkways; water supply, drainage; watering, drainage in cultivation".
Article 254 of the Civil Code stipulates:
1. Owners of real estate surrounded by real estate of other owners who do not have or do not have sufficient access to public roads, have the right to request the surrounded real estate owner to provide them with a reasonable access on their land.
The walkway is opened on any adjacent real estate that is considered most convenient and reasonable, taking into account the specific characteristics of the location, the benefits of the surrounded real estate and the damage caused is at least for the real estate with the walkway opened.
The real estate owner enjoying the right to pass through must compensate the real estate owner who enjoys the right, unless otherwise agreed".
The issuance of Certificates is in accordance with the provisions of Articles 137, 138, 139 and 140 of the Land Law.
The Ministry of Agriculture and Environment informed him to know, study, compare the family's land use with the above regulations and contact competent authorities to be implemented according to regulations.
