What is the statute of limitations for filing a land dispute lawsuit?
Currently, the law does not have specific regulations on how the statute of limitations for filing a land dispute is, but only regulations to explain the statute of limitations for filing a lawsuit and a land dispute.
- Regarding the statute of limitations for initiating a lawsuit: According to Article 184 of the 2015 Civil Procedure Code, the statute of limitations for initiating a lawsuit shall comply with the provisions of the Civil Code. Accordingly, Clause 3, Article 150 of the 2015 Civil Code stipulates that the statute of limitations for initiating a lawsuit is the time limit that the subject is entitled to sue to request the Court to resolve the civil case to protect the lawful rights and interests. In case that time limit ends, the right to sue.
- Regarding land disputes: Pursuant to Clause 47, Article 3 of the 2024 Land Law, disputes over the rights and obligations of land users between two or more parties in land relations. There are many different types of land disputes, but typical examples are disputes over land use rights and disputes over the boundaries of adjacent land plots.
Thus, from the above concepts, it can be understood that the time limit for filing a land dispute is the time limit for the subject to file a lawsuit to request the Court to resolve a civil case on land dispute to protect the legitimate rights and interests of the violator.
How long is the statute of limitations for filing a land dispute lawsuit?
A dispute over land use rights is one of the cases where the time limit for filing a lawsuit on land use rights is not applied. Therefore, the parties request that the time limit for filing a land dispute will not be limited.
This content has been clearly stated in Article 155 of the 2015 Civil Code:
1. Request to protect personal rights not attached to property.
2. Request to protect ownership rights, except in cases where this Code or other relevant laws stipulate other provisions.
3. Controversy over land use rights as prescribed by the Land Law.
4. Other cases as prescribed by law.
For land-related disputes, the statute of limitations for litigation is guided in the 2015 Civil Code.
Accordingly, for civil disputes where the legal document stipulates the statute of limitations for litigation, the statute of limitations for litigation prescribed in that legal document shall apply. For example:
- For civil disputes arising from civil transactions (land use rights transfer contract, land use rights lease contract, land use rights sublease contract): The statute of limitations for filing a lawsuit to request the Court to resolve a contract dispute is 03 years from the date the person with the right to request knows or must know his/her legal rights and interests are violated (Pursuant to Article 429 of the 2015 Civil Code).
- For land disputes that are inherited, the age limit for heirs to request division of the inheritance is 30 years, from the time of opening the inheritance.
+ In which: The statute of limitations for heirs to request confirmation of their inheritance rights or to reject the inheritance rights of others is 10 years, from the time of opening the inheritance.
+ The age limit for heirs to fulfill their obligations regarding the assets left by the deceased is 3 years, from the time of inheritance opening (Pursuant to Article 623 of the 2015 Civil Code).
