Land outside the disputed area is still divided

Lawyer Ho Thu Trang, YouMe Law Firm LLC, replied:

Clause 1, Article 220 of the 2024 Land Law stipulates that the division of land plots must meet the following principles and conditions:

1. The separation and consolidation of land plots must ensure the following principles and conditions:

a) The land plot has been granted one of the following certificates: Certificate of land use rights, Certificate of house ownership rights and land use rights, Certificate of land use rights, house ownership rights and other assets attached to land, Certificate of land use rights, ownership rights of assets attached to land;

b) Land plot is still within land use term;

c) The land is not in dispute, not seized to ensure enforcement of judgments, and not subject to temporary emergency measures by competent state agencies.

In case the land is in dispute but the scope of the disputed area and boundary can be determined, the remaining uncontested area and boundary of that land plot may be divided into plots of land and consolidated;

d) The separation and consolidation of land plots must ensure access; be connected to existing public transport routes; ensure water supply, drainage and other necessary needs in a reasonable manner. In case the land user reserves a part of the area of a residential land plot or a land plot with residential land and other land in the same land plot for a walkway, when implementing the division or merger of land plots, it is not necessary to change the land use purpose for the land area for that walkway.

Thus, in case the land is in dispute but the scope of the disputed area and boundary is determined, the remaining uncontested area and boundary of that land plot is allowed to be divided into plots of land and consolidated.