Conditions for separating agricultural land plots must be met
Land division is understood as the division of land use rights from one individual or household to many other individuals. Pursuant to Article 222 of the 2024 Land Law, the separation of agricultural land plots must meet the following conditions:
- First, agricultural land divided into plots must have a certificate of land use rights (in some localities, this document is not required but only requires the conditions to be granted a certificate);
- Second, the agricultural land plot is not in dispute; not seized to ensure enforcement of judgments...
- Third, agricultural land is still valid;
- Fourth, the agricultural land plot meets the conditions on minimum area and adjacent size for plot separation.
Thus, in case of wanting to separate agricultural land plots, the above conditions must be met.
How much agricultural land can be divided into plots?
The condition on minimum area is one of the important conditions when dividing a land plot, however, this is the condition most likely to violate.
Clause 2, Article 220 of the 2024 Land Law stipulates as follows: In case of land division, in addition to the principles and conditions specified in Clause 1 of this Article, the following conditions must be ensured:
- The plots of land after division must ensure the minimum area for the type of land in use according to the regulations of the Provincial People's Committee;
- In case the area of the divided land plot is smaller than the minimum area allowed for division, the plot must be merged with the adjacent land plot at the same time;
Accordingly, the minimum area allowed for land division for agricultural land will be regulated by the Provincial People's Committee and in accordance with the specific conditions of each locality.
This means that the law will not stipulate the general minimum area for land division, but each locality will base on the land fund and land use planning in their locality to stipulate their own minimum area for land division.
Therefore, when completing the procedures for dividing agricultural land plots, people need to first carefully check the regulations on the minimum area allowed for dividing agricultural land plots for their locality. From there, compare with the area of the land plot that you plan to separate to see if it can meet or not.
