Rare case of building a 3-storey house on 2 urban plots of land of 2 other houses in Chi Linh

Hai Duong Newspaper received a report from Mr. Ha The Canh in Phi Xa village, Cam Hoang commune (Cam Giang) about his neighbor building a 3-storey house on the land his family bought in the new residential area of ​​Lac Son, Thai Hoc ward (Chi Linh).

According to Mr. Canh, his family bought land plot number 219, map sheet number 39, area 100 m²at the new residential area of ​​Lac Son in Thai Hoc ward and was granted a land use right certificate by the People's Committee of Chi Linh City on April 29, 2022.

Mr. Canh's family bought the above plot of land from a person who won the auction for land use rights. In October 2023, Mr. Canh's family wanted to use the above plot of land, so they submitted a request to the Thai Hoc Ward People's Committee to measure and hand over the land. However, the Thai Hoc Ward People's Committee replied that someone had already built a house on the above plot of land.

Mr. Canh said that since October 2023, his family has repeatedly submitted petitions and requested the authorities of Chi Linh City and Thai Hoc Ward People's Committee to resolve the issue. The case has been going on for a year without being resolved, forcing his family to travel from Cam Giang to Chi Linh City many times, wasting time and money. His family spent more than 2.8 billion VND to buy the land.

“We had to pool our money to buy the land, and we had to borrow money. The longer this situation drags on, the more damage our family will suffer. The family requests that the authorities of Chi Linh City take more active steps to resolve the issue as soon as possible to protect our rights,” Mr. Nguyen Van Thanh, Mr. Canh’s brother-in-law, requested.

Hai Duong Newspaper reporters worked with the leaders of Thai Hoc Ward People's Committee to investigate the incident. According to the report of Thai Hoc Ward People's Committee, the 3-storey house built on Mr. Canh's family's land belongs to Mr. Ngo Van Du's household, owner of plot 218. Along with the construction area on plot 219 of Mr. Canh's family, which is 56.4 square meters, the 3-storey house is also located on plot 220 of another household with an area of ​​42.8 square meters. Thus, Mr. Ngo Van Du's 3-storey house is overlapping the area of ​​2 plots of land of his neighbors.

Also according to the report of Thai Hoc Ward People's Committee, in 2020, the Ward People's Committee invited a consulting unit to set up field markers as a basis for the authorities to hand over field markers to households that won the auction for land use rights.

At that time, after the working group surveyed the current status of the residential area, it was found that the construction unit had built the infrastructure not in accordance with the detailed planning. Therefore, the handover of boundary markers could not be carried out. In 2023, Mr. Canh's family wanted to measure plot 219, so they surveyed themselves and discovered it, and requested to resolve the matter...

The leader of Thai Hoc Ward People's Committee said that to stabilize the situation, the Ward People's Committee has proposed to the city a detailed planning adjustment plan as follows: Maintain the 3-storey building and adjust it to Lot LK19 (according to the current land use right certificate, it is Lot LK18). Adjust the progress from Lot LK1 to LK21 to the south towards Nam Sach district, remove Lot LK22 (not yet auctioned for land use rights), keep the area and location from Lot LK23 to Lot LK33.

It can be seen that the main cause of the above incident is due to the limitations in land and construction management of the local government and related agencies of Chi Linh City, especially allowing Mr. Ngo Van Du's family to build a 3-storey house (with a construction permit) without accurately determining the location and boundaries of the land plots.

Mr. Canh's family said they are ready to cooperate with authorities to resolve the incident in the most optimal way.

Chi Linh City needs to speed up the settlement process to limit damage and ensure the legitimate rights of households that won the land auction in Lac Son residential area.