Cases where the actual area is larger than the red book after measurement
Talking to Lao Dong Newspaper, lawyer Nguyen Trong Hoang - Law Firm LawKey Co., Ltd. - said that when re-measuring and the actual area is larger than the area recorded on the Certificate, land users need to determine the cause of the increased area to have appropriate handling directions.
Accordingly, based on Clause 6, Article 135 of the 2024 Land Law, it is stipulated as follows:
- If the actual area is larger than the Certificate after measurement and the boundary of the land plot being used does not change compared to the time the certificate was issued, and there is no dispute with adjacent land users, then when re-issuing or renewing the certificate of land use rights, ownership of assets attached to land, the area will be determined according to actual measurement data.
- In case of re-measurement but the land plot boundary changes compared to the land plot boundary at the time of issuance of the certificate and the actual measured land area is larger than the area recorded on the certificate, the larger difference in area is considered for issuance of a Certificate of land use rights, ownership of assets attached to land.
Thus, when people re-measure the land and see changes in area and boundaries, they can register changes to update information on the Certificate of Land Use Rights.
Cases where the actual land area is smaller than on the red book
Lawyer Nguyen Trong Hoang said that when the actual land area is smaller than the area recorded on the issued certificate, the handling will depend on the cause of the land area reduction. Land users can still be re-issued or re-issued Certificates in some cases as prescribed.
Usually there are the following cases:
- If the area decreases due to previous measurement errors, when re-measuring is more accurate and the actual boundaries do not change, people need to carry out procedures to register land changes. Then the land registration agency will update the actual area and can issue or exchange new certificates according to the provisions of Article 6, Article 135 of the 2024 Land Law.
- If the area is reduced due to land acquisition, natural landslides, road opening or changes in land use boundaries, the state agency will base on the current status and land management records to adjust or reissue Certificates in accordance with the remaining area.
- If the area is reduced due to a dispute with a adjacent household, the dispute must first be resolved. Only after a decision or legally effective judgment takes effect will the adjustment of the area on the red book be carried out.
Thus, people can completely apply for re-issuance or exchange of books depending on the specific case according to regulations.
