How to Handle When Neighbors Build a Fence Blocking Your Way | TVPL

It is not uncommon for neighbors to open a path between two plots of land for each other. But if the weather changes and the two sides have conflicts to the point of "hating each other and hating the way in and out" and the path is blocked, what will the other side do? ---- BLDS 2015: https://thuvienphapluat.vn/van-ban/Qu... BLTTDS 2015: https://thuvienphapluat.vn/van-ban/Th... Land Law 2013: https://thuvienphapluat.vn/van-ban/Ba... Resolution 04/2017/NQ-HDTP: https://thuvienphapluat.vn/van-ban/Th... Decree 91/2019/ND-CP: https://thuvienphapluat.vn/van-ban/Ba... ---- LAW LIBRARY - MEDIA TEAM Content: Minh Nghia Presentation: Huy Hoang Image: Ngoc Thach ---- Subscribe to the channel and follow us to receive more video clips and feel the rhythm of legal life! Website: https://thuvienphapluat.vn/ Fanpage:   / thuvienphapl.  . #TVPL #ThuVienPhapLuat According to the provisions of Clause 1, Article 254 of the 2015 Civil Code, the owner of a real estate surrounded by other real estates without or without enough access to a public road is allowed to request the owner of the surrounding real estate to provide him with a reasonable path on their land. The path will be opened on the adjacent land that is considered the most convenient and reasonable, taking into account the specific characteristics of the location, the benefits of the surrounded real estate and causing the least damage to the land with the path across. The party benefiting from the passage must compensate reasonably to the owner of the land used as the passage, unless otherwise agreed. Clause 2 of this Article also clearly states that the size of the passage is agreed upon by the parties, ensuring convenience for travel and causing little inconvenience to both parties. Thus, in the event of a dispute over a common passage, it is necessary to first consider whether the surrounded real estate has enough access to the public road. If they only have one passage and that is also the passage that the neighbor has built a fence on, then the act of building that fence is not in accordance with the provisions of law. At this time, the person whose passage is blocked can choose one of the following options to clear the passage. Request for conciliation Clause 24, Article 3 of the 2013 Land Law defines a land dispute as a dispute over the rights and obligations of land users between two or more parties in a land relationship. Compared with the provisions analyzed in the Civil Code as above, disputes over common walkways are land disputes to determine who has the right to use the land. Therefore, it is mandatory to go through the conciliation procedure at the People's Committee at the commune level. Otherwise, it will not be possible to continue to resolve the dispute at the Court or at the People's Committee at a higher level. Specifically, according to the provisions of Clause 2, Article 3 of Resolution 04/2017/NQ-HDTP, submitting a lawsuit for a dispute over a common walkway without a record of the conciliation results will be considered as not having enough conditions to initiate a lawsuit, so the Court will return the petition and not accept it. According to the provisions of Article 202 of the 2013 Land Law, to begin the conciliation process, one or all parties will submit a request for dispute resolution to the People's Committee at the commune level. Within 45 days from the date of receipt of the request, the People's Committee will carry out the conciliation steps. In case of successful conciliation, within 10 days from the date of making the conciliation record, if the disputing parties have a written document expressing opinions different from what has been agreed, the Chairman of the Commune People's Committee will re-organize the conciliation session to consider and resolve and make a new record. Note that if one of the disputing parties does not attend the second meeting, the conciliation will be considered unsuccessful. If conciliation at the commune level is unsuccessful, according to the provisions of Article 203 of the 2013 Land Law, the parties have the right to choose one of the following two solutions: One is to file a lawsuit at the District People's Court where the dispute occurs. Two is to request the District People's Committee to resolve the dispute. tvpl, law library, law library, dispute, dispute, common path, common path dispute, land, land, land law, compensation, build fence, build fence, request for mediation, request for mediation, mediation, sue, not accept lawsuit, accept lawsuit, return lawsuit, unsuccessful mediation, no red book, buil...