Can a plot be separated from the inherited land?
Pursuant to Article 615 of the 2015 Civil Code, the obligations of heirs are as follows:
- The inheritors are responsible for fulfilling their property obligations within the inheritance scope left by the deceased, unless otherwise agreed.
- In case of not being divided, the property obligations are left by the dead by the dead manager in the agreement of the heirs within the scope of the estate left by the dead.
- In case the inheritance has been divided, each heir shall fulfill the corresponding obligations of assets left by the deceased but not exceeding the assets that he/she has received, unless otherwise agreed.
- In case the heir is not an individual inheriting the inheritance according to the will, he/she must also fulfill the property obligations left by the deceased as the individual heir.
Thus, with the above regulation, the law does not have a regulation prohibiting heirs from dividing the inherited land plot. For the inherited land area, individuals can still proceed with land division if desired.
However, the separation of this plot must meet certain conditions stipulated by the law on land.
Conditions for dividing plots with inherited land
Similar to other cases of land division, land plots with a request for land division when inheriting must ensure the conditions prescribed in Article 220 of the 2024 Land Law as follows:
- The land plot is an inherited heritage that has been granted a Certificate of Land Use Rights.
- The plot of land is an inherited property without disputes: The heirs must also carry out an agreement on dividing the inheritance (in case there is no will) or agree on dividing the inheritance according to the will.
- The plot of land is an inheritance that is not subject to seizure to ensure enforcement of judgments, and is not subject to temporary emergency measures by competent state agencies.
- The land plot is an inherited heritage and must have a term of land use.
- The land plot must ensure a path; be connected to an existing public transport road; ensure water supply, drainage and other necessary needs in a reasonable manner.
In addition, when separating the parcel, it is also necessary to meet the following conditions: The land parcels after separating the parcel must ensure the minimum area of the land used in accordance with the provincial -level People's Committee; In case the land parcel is separated with a smaller area of the minimum area allowed to separate the parcel, it is necessary to implement the land plot at the same time.
Thus, if the above conditions are met, it is possible to carry out inheritance plot separation procedures
Note, before completing the procedures for dividing the inherited land plot, the heir must declare the inheritance according to Article 58 of the 2014 Notary Law at a notary practice organization in the locality. However, it should be noted that not all cases need to declare inheritance.
Pursuant to Clause 1, Article 58 of the 2014 Notary Law, the declaration of inheritance is carried out in the following cases: The only person entitled to receive legal inheritance or those who are also entitled to receive legal inheritance but have agreed not to divide the inheritance have the right to request notarization of the declaration of inheritance.
