Talking to Lao Dong Newspaper, Lawyer Quach Thanh Luc - Director of Phap Tri Law Company (Hanoi Bar Association) - said that when dividing, splitting or merging land plots, people need to pay attention to some issues.
Before implementation, people should consult and get legal advice to understand the status of the land plot as well as related regulations, and then proceed with the necessary procedures.
According to the lawyer, if people do not carefully study the regulations, they may encounter unnecessary risks. For example, people have signed a deposit contract with the buyer, but then discover that the land plot is entangled in legal regulations, and cannot be divided and separated, leading to the risk of being fined with a deposit. This is a damage that people can completely suffer.
Or in cases where parents intend to divide and separate land for their children, but in the process of implementation, they discover that the land plot does not meet the conditions for separation. If family members do not clearly understand the reason, thoughts and misunderstandings may arise that parents have changed their minds and do not want to give land to their children. These are situations that people should proactively learn about to avoid them.
The division, separation, and consolidation of land plots must meet the conditions and standards according to the provisions of land law in general and specific regulations of each locality. Therefore, when implementing in a locality or area, people need to carefully learn about the regulations being applied in the locality, and then proceed with the division, separation, or consolidation of land plots.
According to Lawyer Quach Thanh Luc, in fact, there are many cases where people initially think that the land plot is not eligible for separation, but it is still possible to study legal solutions suitable for each specific case.
For example, a land plot with a facade of only 7m but the land user wants to divide it in half. In terms of total area, the land plot may meet the conditions, but the size of the facade after division does not meet the regulations.
In this case, it is necessary to study a suitable plan to ensure the conditions on the frontage size of the land plots after separation. One of the solutions that can be considered is to allocate a part of the land running along the land plot to make a walkway, then at the end of the land, it is possible to study a plan to divide the boundary diagonally, thereby ensuring that the land plot has one edge reaching a minimum size of 3m or 4m according to local regulations.
That is a legal solution. In addition, there are many other solutions. For each specific case, there will be appropriate handling directions so that people can resolve the case," Lawyer Quach Thanh Luc said.
According to lawyers, dividing, separating, transferring, separating, and merging land plots are legitimate needs of the people. However, the implementation process may encounter many difficulties and obstacles. Therefore, people need to carefully study the regulations and conditions for application to ensure their legitimate rights and interests.
In case of complicated cases, people can turn to organizations and individuals with expertise to be consulted and study legal solutions suitable for each specific case.
