What is a Land Dispute? Types of Land Disputes

1. Concept and Characteristics of Land Disputes

1.1. What is a Land Dispute?

Land disputes are a common phenomenon throughout social life in all historical periods. In a society characterized by class antagonism, land has always been an object of dispute between landlords and serfs, between landowners and peasants, and between the landless masses and large landowners. In short, these were disputes between oppressors and the oppressed. Such disputes reflected antagonistic class contradictions, and when conflicts could not be reconciled, they inevitably led to social revolutions to replace one land ownership regime with another more progressive one.

In our current system, the State represents the entire working people in exercising ownership rights over land. Therefore, land disputes in this period carry economic content and political significance different from land disputes in societies with antagonistic classes.

However, parties involved in land law relationships do not always agree on all issues within these relationships, leading to differing opinions, contradictions, and certain disagreements. This phenomenon manifests in practice through specific actions, which are referred to as disputes.

Thus, a land dispute is a disagreement, contradiction, or conflict of interests, rights, and obligations between parties involved in land law relationships.

According to Clause 47, Article 3 of the Land Law of Vietnam 2024, a land dispute is a dispute over the rights and obligations of land users between two or more parties in a land relationship.

1.2. Characteristics of Land Disputes

Some characteristics of land disputes can be outlined as follows:

• The subject matter of land disputes involves the right to manage, the right to use, and the benefits arising from the use of a special type of asset that is not owned by the disputing parties.
• The parties to land disputes are only entities managing and using land, and do not possess ownership rights over the land.
• Land disputes are always closely linked to the land use process of the parties, thus affecting not only the direct interests of the disputing parties but also the interests of the State. This is because, when a dispute arises, one party cannot exercise its rights, thereby affecting the fulfillment of obligations towards the State.

The occurrence of land disputes significantly impacts the psychological and emotional well-being of the parties, causing instability and disagreement among the populace, and hindering the thorough implementation of land laws and State policies.

2. Types of Land Disputes

The existence of different types of land disputes inherently reflects the characteristics of land law relationships in specific periods. Based on the legal nature of these disputes, there are several main types:

2.1. Disputes over Land Use Rights

– Disputes between land users regarding the boundaries between permitted use and management areas. This type of dispute often arises when one party unilaterally alters the boundary or when both parties cannot determine it.

– Disputes over land use rights and assets attached to land in inheritance relationships or divorce relationships between husband and wife.

– Claims for recovery of land and assets attached to land by relatives from previous periods, which were distributed to others through land redistribution programs.

– Disputes between local ethnic minorities and people who migrated to new economic zones; between local communities and state farms, forest enterprises, and other land-using organizations.

2.2. Disputes over Rights and Obligations Arising During Land Use

Disputes also arise when one party violates or obstructs the exercise of the other party’s rights, or when one party fails to fulfill its obligations. This type of dispute often manifests in forms such as:

– Disputes in the process of performing contracts for the conversion, transfer, lease, sub-lease of land use rights, mortgage, guarantee, or capital contribution by the value of land use rights.

– Disputes over compensation for site clearance when the State recovers land for national defense, security, national interest, or public interest purposes.

2.3. Disputes over Land Use Purpose

This particularly includes disputes within the agricultural land group, such as between rice cultivation land and shrimp farming land, between coffee cultivation land and rubber tree cultivation land; between ancestral worship land and residential land, etc., during the land allocation and planning process.

Often, land use right disputes lead to administrative boundary disputes. This type of dispute typically occurs between two provinces, two districts, or two communes, often concentrating in areas with valuable forest and land products, which are important for economic and cultural development, along large river banks, or in areas with unclear or unmarked boundaries but significant strategic importance.

3. Land Dispute Resolution Services at LawFirm.Vn

If you are facing issues related to land disputes, LawFirm.Vn is a leading choice to help you resolve them efficiently and quickly. We provide land dispute resolution services with a team of experienced lawyers, ready to support you from the mediation stage until the case is resolved in court.

• Free consultation: We offer free consultation services to help you understand your rights and obligations in a land dispute.
• Clear process: Our dispute resolution process follows clear steps, from gathering documents and evidence, to mediation, and representing you in court if necessary.
• Commitment to protecting rights: We are committed to maximizing the protection of our clients’ legitimate rights and interests, ensuring you receive the best support throughout the dispute resolution process.
• Reasonable fees: Our service fees are calculated reasonably, commensurate with the nature and complexity of the case, helping you save time and effort.