1. Concepts and characteristics of land disputes
1.1. What is a land dispute?
Land disputes are a common phenomenon in social life in all historical periods. In a society where there is antagonism between classes, land is always the subject of dispute between land lords and peasants, between landlords and farmers, between the landless masses and the landowners. big. In short, it is a dispute between the oppressors and the oppressed. These disputes represent antagonism between classes. When the conflict cannot be reconciled, it must be resolved by social revolutions to replace this land ownership regime with a land ownership regime. Other land owners are more advanced.
In our current regime, the State is the representative for all working people to exercise ownership rights to land. Therefore, land disputes in this period had economic content as well as political meanings different from land disputes in societies with antagonistic classes.
However, subjects participating in land legal relations do not always agree on all issues in legal relations, so different opinions and conflicts will appear. , certain disagreement. That phenomenon is expressed in reality by specific actions and is called dispute.
So a land dispute is a disagreement, contradiction or conflict of interests, rights and obligations between subjects participating in land legal relations.
Of course, it must be noted that land disputes can only arise when the subjects directly express their attitudes through certain behaviors.
Land disputes also show a strong imprint in different historical periods of land legal relations. For example, before the 1980s, when the State still maintained three forms of land ownership: state ownership, collective ownership and private ownership, there could be disputes over ownership and rights. – Obligations in the process of land management and use. When the 1980 Constitution was promulgated, the State became the representative of the entire people to exercise land ownership rights, so there could be no disputes about ownership. The object of all land disputes during this period can only be the right to manage and use certain land areas. Moving to a market economy with state management following a socialist orientation, along with other socio-economic relations, land relations have also developed in a very diverse and complex manner, requiring the law to have appropriate adjustment mechanisms. Many relationships that were previously strictly prohibited are now allowed by law. Civil transactions on land are established such as conversion, transfer, lease, sublease, mortgage, guarantee, capital contribution to joint ventures with land use value… from there, the subjects are established. There have been changes in land disputes, not only in management rights and land use rights but also in disputes in the process of establishing and implementing land transactions.
In short, along with handling land legal relations in different ways at each stage, land disputes also contain elements of content and form that are not completely the same at each stage. period.
1.2. Characteristics of land disputes
Some characteristics of land disputes can be stated as follows:
– The subject of a land dispute is the management rights, use rights and benefits arising from the use of a special type of property not owned by the disputing parties;
– The subjects of the land dispute are the subjects managing and using the land, and do not have ownership rights to the land;
– Land disputes are always associated with the land use process of the subjects, so they not only affect the direct interests of the parties involved in the dispute but also affect the interests of the State. Because first of all, when a dispute occurs, one party cannot exercise its rights, thereby affecting the fulfillment of its obligations to the State.
Land disputes that occur will have a significant impact on the psychology and spirit of the parties, causing instability and disagreements among the people, making the provisions of land law as well as the State policies are not thoroughly implemented.
2. Types of land disputes
The existence of various types of land disputes is itself a reflection of the characteristics of land legal relations in each certain period. Based on the legal nature of disputes, there are the following main types:
2.1. Disputes over land use rights
– Disputes between land users about the boundaries between lands that are allowed to be used and managed. This type of dispute is often caused by one party arbitrarily changing or because the two parties cannot identify with each other;
– Disputes over land use rights, assets attached to land in inheritance relationships, divorce relationships between husband and wife,
– Reclaim land and assets attached to land of relatives in stages
In the past, through land adjustments, land was allocated to others;
– Disputes between local ethnic people and people going to build new economic zones; between local people and farms, forestry farms and other land use organizations.
2.2. Disputes over rights and obligations arise during the land use process
A violation by one party or an obstruction to the exercise of the other party’s rights or a party’s failure to fulfill its obligations also gives rise to disputes. This type of dispute often manifests itself in forms such as:
– Disputes during the implementation of contracts on conversion, transfer, lease, sublease of land use rights, mortgage, guarantee, capital contribution with the value of land use rights;
– Disputes over compensation for site clearance when the State recovers land to use for security, defense, national interests, and public interests.
2.3. Dispute over land use purpose
Especially disputes in the agricultural land group, between rice land and shrimp farming land, between coffee land and rubber tree planting; between incense burner land and residential land… in the process of land use allocation and planning.
Many times, disputes over land use rights lead to disputes over administrative boundaries. This type of dispute often occurs between two provinces, two districts, and two communes, concentrated in places with precious forest and land resources that are important in economic and cultural development, in vertical positions. Along large river banks, areas with unclear boundaries and no landmarks but are important locations.
