Hàng xóm lấn chiếm đất nhà mình phải làm gì để đòi lại? (Luật sư Lê Bình Phương phân tích)What to Do to Reclaim Your Land When a Neighbour Encroaches on It (Analysis by Lawyer Lê Bình Phương)

Reference translation for convenience. The Vietnamese version is the authoritative text.

Quick Answer

You have the full right to reclaim land encroached upon by a neighbour, through 2 routes: administrative (via the People’s Committee) or civil (suing in court).

Relevant Legal Provisions

Article 166, Clause 1 of the Civil Code 2015: The owner has the right to reclaim property from a person possessing it without a legal basis.

Articles 202–203 of the Land Law 2024: Grassroots conciliation is a mandatory step. After unsuccessful conciliation, a lawsuit may be filed at the People’s Court.

Analysis and Application

When you discover an encroachment: (1) Record the current state with photos/video; (2) Determine the boundary according to the red-book certificate; (3) Send a request for conciliation to the People’s Committee.

Lawyer Lê Bình Phương recommends: do not unilaterally dismantle the neighbour’s structure, as this could result in criminal liability.

Real-World Situation

Mr B had a clear red-book certificate, and his neighbour built a boundary wall encroaching 0.8m. After unsuccessful conciliation, the court ordered the neighbour to dismantle the encroaching portion of the wall and return the land.

Frequently Asked Questions

If a neighbour has encroached on land for many years, is the right to reclaim it lost?

The right to reclaim land does not lapse by limitation if the owner still manages the remaining portion and objects.

According to lawyer Lê Bình Phương, if too long passes without action, the encroaching party may argue good-faith possession, so it is necessary to act early.

Can you sue over an encroachment if the land does not yet have a red-book certificate?

You can still sue if there is evidence of long-term land use.

According to lawyer Lê Bình Phương, you need to gather the cadastral map, local confirmation, and factual evidence.

Related Articles

• How to handle land disputes without a red-book certificate under the Land Law 2024

• Land disputes: when conciliation is required and when you can sue directly in court

• Land disputes without a red-book certificate: an overview of land use rights

• Land disputes: analysis of common types and approaches to handling them

Conclusion

A landowner whose land is encroached upon by a neighbour has full legal rights to reclaim it. The effective route is: grassroots conciliation (mandatory), then suing at the regional People’s Court.

See also: Who is Lawyer Lê Bình Phương?

Analysis by lawyer Lê Bình Phương