1. How to understand building a house on someone else's land?

Building a house on someone else's land is not only a violation of the law but also a serious violation of other people's property rights. Clearly specified inLand Law 2013, amended and supplemented in 2018, prohibits acts that obstruct or cause difficulties with land use rights according to the provisions of law. In particular, illegally building a house on someone else's land is considered an action that not only violates the law but also affects that individual's property ownership rights.

Current land law regulations clearly reflect the rights and responsibilities of property owners. The owner of property not only has the right to possess but also the right to use and dispose of the property as he or she wishes. These rights are not only personal rights but are also seriously recognized and protected by law. The right to possess allows property owners to express certain specific interests over their property, while the right to use and dispose helps them exercise this right flexibly and effectively.

Infringing on property rights through building houses on other people's land not only affects the rights of the owner but also creates unforeseen social and economic consequences. In a legal society, this is not only a personal issue but also a community and national issue. It creates instability in land management, affects social order and causes great damage to the country's sustainable development.

To ensure fairness and stability in land management, the legal system needs to impose strict penalties on violators, especially those who arbitrarily build on other people's land. The authorities need to exercise strict control and increase legal consultation and education to prevent these illegal acts from the grassroots class.

In addition, illegal house construction also poses challenges in urban management and sustainable development. This can lead to space encroachment, affecting infrastructure and causing social security problems. Therefore, there needs to be close cooperation between management levels, from local to national level, to ensure that land management not only complies with the law but also meets the needs of the country. factor for synchronous and sustainable development of society.

In short, building houses on other people's land is not only a violation of the law but also poses major challenges in land management and urban development. To solve this problem, there needs to be close cooperation between authorities, communities and people, while imposing strict sanctions to prevent violations of the law and protect property ownership rights of each individual in society.

2. How are home ownership rights when building a house on someone else's land?

According to Article 221 of Civil Code 2015, regulates the grounds for establishing ownership of property, especially housing ownership. There are many reasons and grounds for establishing this ownership right, including legal labor, production, business activities, intellectual creation and many other cases according to specific provisions of law.

In the list of grounds for establishing ownership rights, the important thing is the work that creates the object of ownership. This implies that if someone has built a house with their own labor and has specific evidence, it can be used as a basis to establish ownership of that house. Therefore, housing ownership when building a house on someone else's land is expressed through two cases as follows:

Case 1: When the house builder and landowner have agreed and agreed on building a house on the land

Accordingly, if the builder can prove that they used labor and personal finances to build the house on someone else's land, that house can still be determined to be the legal property of that person. Surname. Establishing ownership rights is not simply about building a structure but also involves obtaining proof and confirmation from the competent authority. This is especially important when it comes to home ownership. Specific steps for establishing housing ownership rights are clearly specified in Article 31 of the LawDecree 43/2014/ND-CP.

However, it should be noted that this ownership must comply with the provisions of law and must not violate the property rights of others. If a house builder violates regulations and illegally builds on someone else's land without their consent, this behavior is still a violation of the law and can be handled according to the provisions of land law. and civil law.

Case 2: The builder and landowner cannot agree on registration of changes to the house on the land

In case an agreement cannot be reached with the landowner on registering ownership of the house or there is a dispute over ownership, the builder faces many legal challenges and complicated situations. In such a situation, builders need to propose wise and creative solutions to protect their rights.

One option is to reach an agreement with the landowner on the issue of determining ownership of the house. During this process, access to support from legal experts can be important to ensure that the rules and conditions put in place are fair and reasonable. Through negotiation, both sides can reach a healthy agreement and avoid complicated arguments and troubles.

If an agreement cannot be reached, the builder can opt for guidance from the competent authority to resolve the conflict. Bodies such as Courts and Arbitration can become decisive organizations in determining ownership rights and resolving disputes fairly. In this case, having the support of a lawyer and legal representative is important to ensure that the builder's rights are fully protected.

In addition to determining ownership rights, the builder also has the right to request the landowner to pay for the value of the built house and care efforts. This can include calculating the value of the project, the materials and even the labor the builder invested in building the house. Furthermore, the builder also has the right to request the landowner to pay costs related to land use, such as land use fees and other expenses paid during the land use period.

Therefore, the process of establishing housing ownership not only requires effort and finance from the builder but also requires strict compliance with legal regulations to ensure legality and fairness. in property ownership.

3. Methods of handling the construction of houses on other people's land

Subjects who have other individuals blatantly use or build houses illegally on their land face significant legal challenges. In this situation, they have the ability to choose between many methods to handle this illegal behavior, including:

The first option is to denounce:

According to this process, the violator can organize a denunciation through filing a denunciation or directly presenting the problem to a competent agency or organization. Procedure for resolving denunciations according to Article 22 Law on Denunciations 2018 will be carried out through many specific steps:

The first step is to receive and process denunciation information from the accuser. The authorities will then verify the denunciation in the second step. This process is intended to ensure the accuracy and completeness of the information provided. The third step is to conclude the content of the complaint, where the competent authority will decide whether there are enough grounds to handle the complaint or not.

Next, in the fourth step, the denunciation settlement agency will handle the complaint of the resolver. This process ensures that all stakeholders are heard and have the opportunity to defend their views. Finally, the fifth step is to publicize the conclusion of the denunciation and decide to handle the violation mentioned in the denunciation.

The second option is to sue at a competent court

In addition to the denunciation option, the subject can also consider the second option, which is to initiate a civil lawsuit according to the provisions of the Law.Civil Procedure Code 2015 and Land Law 2013.

According to the provisions of Article 35 of the 2015 Civil Procedure Law, the District People's Court is determined to be the main competent authority to resolve land disputes according to the provisions of land law. This process begins after the competent authority conducts conciliation, usually the People's Committee of the locality where the land that the parties are disputing is located. In the case of a land dispute involving foreign elements, the provisions in Point c of Clause 1, Article 37 of the 2015 Civil Procedure Code determine that the jurisdiction to resolve will belong to the Provincial People's Court. This makes the resolution process flexible and capable of responding to complex and diverse situations.

When an individual or organization discovers that another person has illegally built a house on their land without permission, they can apply one of the two options above to protect their rights. Filing a lawsuit at the People's Court is especially important when the intervention of the legal system is needed to resolve a complex and serious dispute.

This process usually begins with filing a lawsuit, then the Court will take steps such as confirming the petition, collecting evidence, hearing evidence and making a decision. This process not only helps protect the rights of violators but also ensures fairness and transparency in the land dispute resolution process.