The right to property on donated land?

AnswerConsult real estate disputes

The right to property on donated land?
Hello Law Dao Nguyen, I would like to answer questions like this: I was born in 1987 Chinese name, I get them to a plot of land (valid).
But on that land with coconut trees and 1 2 mango trees planted by others previously (more than 10 years, and have left), so I can ask them cutting trees but I do not have to compensate anything or not? Or if there is, how much compensation, and cost cutting trees bear party? And another problem is I have one other plots within the area cleared, so I have been sold or transferred to what a name! Expect lawyers spend less time helping I advise. I sincerely thank you.
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Welcome, thank you for your trust and submit questions proposed law advice to department legal counsel of the Company Law Dao Nguyen. The content of your question was legal team of We research and advice as follows:
Legal grounds:
- The 2005 Civil Code
- 2013 Land Law
Content answer:
As you presented, we can not know the real estate donated to your "legal" or not. Thus there are two cases may occur:
One is, forms of donation contract prescribed by law (Article 467 Civil Code 2005) and you have to register your name at the Land Registration Office.
Article 467 BLDS 2005 provides for donation of the property as follows:
"1. Give the real estate must be made in writing and notarized, authenticated or to register, if prescribed by law to register property ownership.
2. Contracts awarded to real estate with effect from the time of registration; if the property is not registered ownership of the donation contract with effect from the time of transfer of assets. "
Thus, if you have registered to your name on this land in accordance with regulations, this land was at the disposal of you and the assets attached to the land also owned by you. Therefore, you may cut down trees on your land but not necessarily consult the former owner of the land and the cost will naturally cut down trees because you pay and you will not have to pay damages to the owner what old if not cause damage to people.
Second, the form of contract is not made in accordance with the provisions of Article 467 CC 2005.
If the donation contract between you and the soil not be notarized, authenticated, such contract shall be considered null and void on the form; so of course you would not have anything against this land and who gave you this land are still people who are entitled to use the land. And in this case, you only have the right to request the plot fell trees in the cases provided for in Article 272 BLDS 2005 as follows:
"Article 272. The right to require repair, demolition of adjacent real estate
In the case of trees, buildings at risk of collapsing onto adjacent property or place of public life, the owners have to cut trees, repair or demolition of such buildings.
Property owners may request adjoining owner trees, buildings can collapse to cut trees and demolition; if they do not cut trees, demolished, property owners have the right to request adjoining state agency authorized to cut trees and demolition. Cost cutting trees, demolished by the owners of the trees, the buildings bear. "
Thus, as defined above, you may only require cutting trees plot owners in the case found the trees at risk of falling property or place of public life. Costs will be cut trees because the trees bear owners and in this case you will not have to pay damages.
* Transfer of land use rights for land in the area cleared
Article 188 of the Land Law in 2013 defined the conditions for the exercise of the right to convert, transfer, lease, sublease, inheritance, donation, mortgage of land use rights; contribute capital using land use rights as follows:
"1. The land use be made of the right to convert, transfer, lease, sublease, inheritance, donation, mortgage of land use rights; contribute capital using land use rights when conditions after this:
a) Having a certificate, unless otherwise specified in Clause 3, Article 186 and inheritance cases specified in Clause 1 of Article 168 of this Law;
b) The land is not in dispute;
c) Land use has not been attached to ensure the enforcement of judgments;
d) Within the land use.
2. In addition to the conditions specified in paragraph 1 of this article, the land use rights to perform the conversion, transfer, lease, sublease, inheritance or donation of land use rights; rights of land use right mortgage and contribute capital using land use rights must be eligible in accordance with Articles 189, 190, 191, 192, 193 and 194 of this Law.
3. The conversion, transfer, lease, sublease, bequeath, donate the land use right mortgage and contribute capital using land use rights must be registered at the land registration authority and force from the time of registration in the land register. "
And Paragraph 2 of Article 49 of the Land Law 2013 provides for the implementation of zoning and land use plans as follows:
"Where the land use plan was announced that no land use plan district-level annual land users may continue to use and exercise the rights of land users as stipulated by law law.
Where has the land use plan of the district annually, the area of ​​land use right transfer of land use purposes and land acquisition is scheduled to continue to exercise the rights of land users but not built new houses, buildings, planting perennial crops; if land users need renovation and repair of housing, existing buildings must be state agencies competent to permit prescribed by law. "
On the other hand, Article 67 of the Land Law 2013 provides for notification of land acquisition and execution of decisions on land acquisition for the purpose of national defense and security; economic development - social as national interests, public as follows:
"1. Before a decision on land acquisition, within 90 days for agricultural land and 180 days for non-agricultural land, state agencies must notify the competent authorities for the recovery of land have obtained land return info. Contents of land recovery notice include land recovery plans, surveys, surveying, measuring and counting.
2. Where the area of ​​land use in land acquisition agency agree to a competent state land acquisition before the time limit specified in paragraph 1 of this Article, the People's Committee of the competent authorities decided to revoke land without having to wait until the end of the period of notice of land acquisition.
3. The land is recovered shall have to coordinate with concerned agencies and organizations in charge of compensation and ground clearance during the investigation, surveying, measuring, counting and build compensation plans, support and resettlement.
4. When deciding on land acquisition and the effective implementation of the compensation, support and resettlement were state agencies competent to approve was made public, the person whose land is recovered to the Executive land acquisition decisions. "
Thus, pursuant to the provisions on the 02 cases occur:
First, the land in the planning area but no land use plan, no announcement or decision to withdraw the case, you will continue to use and exercise the rights of land users under law (including the right to transfer land use rights).
Secondly, your land has announced or decision of land acquisition, this case you will not be entitled to transfer land use rights anymore.
In case you want to transfer the house and parcel of land, then you must do the procedure for issuance of certificates of land use rights and house attached to the land, the next step will make the contract transfer of land use rights and house attached to that land.
On the advice here is our problem that you're interested. The advice given above is based on the provisions of law and the information provided by the customer. Purpose released this advisory to individuals and organizations refer.
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