Tranh chấp ranh giới thửa đất: cách chứng minh và giải quyết (Luật sư Lê Bình Phương phân tích)Boundary Disputes Between Land Plots: How to Prove Your Case and Resolve the Dispute (Analysis by Lawyer Lê Bình Phương)

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

Overview

Boundary disputes are the most frequently occurring type of land dispute in residential areas, particularly in older neighbourhoods, ancestral land plots, or plots formed before official surveys were conducted. The severity can range from a few dozen centimetres of fencing to a serious dispute where one party builds a structure that encroaches onto a neighbour’s land.

Relevant Legal Provisions

On mandatory conciliation:

Article 235, clause 2 of the Land Law 2025 (31/2024/QH15) provides that: before a competent state authority resolves a dispute, the parties must conduct conciliation at the commune-level People’s Committee (UBND cấp xã) where the disputed land is located. This is a mandatory procedure — without conciliation minutes, a court filing will not be accepted.

On jurisdiction:

Article 236, clause 1 provides that: where one of the parties holds a Land Use Rights Certificate or valid documents under Article 137, the court has jurisdiction.

On evidence:

Articles 93 and 94 of the Civil Procedure Code 2015 (92/2015/QH13) provide that: evidence must be real and lawfully obtained — including readable documents, video recordings, electronic data, and witness testimony.

Analysis and Application

Sources of boundary evidence — in order of priority. The cadastral map held at the Land Registration Office is the most valuable document as it reflects the boundary recognised by the state. Next is the Land Use Rights Certificate (which records the area and four boundary sides). Then comes the results of a physical survey conducted by a competent authority. Finally, historical documents (old maps, past sale instruments) and testimony from witnesses who have long known the boundary.

Physical survey — an indispensable practical step. In many boundary disputes, the discrepancy between documentation and the physical land is the root cause. One or both parties (or the court upon request) may ask a cadastral survey authority to re-survey the physical land and compare it against the archived records. The results of this survey typically carry significant weight in proceedings.

Fences and encroaching structures. Where one party builds a wall, bathroom, or outbuilding that encroaches onto the other party’s land, the encroached party has the right to demand demolition and compensation for damage. However, if the structure has existed for a long time and the other party raised no objection, the duration of actual use and the parties’ historical conduct must also be considered.

Lawyer Lê Bình Phương notes: prolonged boundary disputes most commonly originate from failing to clearly establish the boundary at the time of purchase or transfer. When taking a transfer of land, particularly land adjacent to a neighbour’s plot, a physical survey should be conducted before signing the contract — not relying on documentation alone.

Real-World Situation

Mr C.’s and Mr T.’s families have lived next door to each other in a central province for more than 20 years. In 2024, Mr T. built a new fence — and Mr C. objected, arguing the fence encroached 0.5 metres onto his plot according to his Land Use Rights Certificate.

Both parties filed a conciliation application at the commune-level People’s Committee under Article 235 of the Land Law 2025. The Conciliation Council invited the local cadastral official to inspect the cadastral map and conduct a physical survey. The results showed that the boundary on the map did not match the old fence — a discrepancy of 0.3 metres. Conciliation succeeded: Mr T. agreed to adjust the fence position accordingly.

A noteworthy point: resolving the matter at the commune-level conciliation stage saved significant time and cost compared to bringing it before the court.

Frequently Asked Questions

Does a boundary dispute require conciliation before filing a court claim?
Yes, this is a mandatory procedure under Article 235, clause 2 of the Land Law 2025.

According to lawyer Lê Bình Phương, conciliation over a boundary at the commune level is not merely an administrative formality — it is an opportunity for the local cadastral official (who knows the local land history) to participate in the assessment, and the survey results from this stage are typically used as evidence in court if conciliation fails.

Is the cadastral map the definitive proof of a land boundary?
Very important, but not the only evidence. The court takes a comprehensive view.

According to lawyer Lê Bình Phương, the cadastral map held at the Land Registration Office is a high-value state document in a boundary dispute. However, old maps sometimes contain errors, and the parties’ long-standing actual land use is also weighed by the court — particularly where both parties have implicitly accepted a de facto boundary for many years.

Important Notes

When requesting a re-survey during litigation, the survey costs are advanced by the requesting party and ultimately borne by the losing party — or shared in proportion to fault if both parties bear some responsibility. This cost should be factored in when considering whether to continue the dispute.

In urban residential areas, boundary disputes frequently accompany disputes over encroaching structures. Where a structure has already been built on the disputed land, the matter becomes considerably more complex because demolition and compensation claims are added on top.

Related Articles

• Land disputes: common types and correct legal approaches

• Land disputes: common types and how to handle them

• Evidence in land disputes: what types does the court accept?

• Void land use rights transfer contracts: legal consequences and remedies

• What does it cost to hire a lawyer for a land dispute?

Conclusion

Boundary disputes between land plots can often be resolved early when adequate survey documentation is available and both parties are willing to reach an agreement. Article 235 of the Land Law 2025 creates a mandatory conciliation stage with the participation of the cadastral official — this is the most effective opportunity to resolve the matter before it goes to court, with far higher costs and time.

See also: Who is Lawyer Lê Bình Phương?