Do Van Huu, a resident of Kien Bai Hamlet, Thien Huong Ward, was the defendant in a land dispute case heard by the Hai Phong People's Court Area I. The court ordered him to demolish an illegally constructed building.
According to the court ruling, in 9/2024, Tran Thi Kim Loan (the plaintiff, residing in Hai An Ward) purchased two plots of land in the former Kien Bai Commune (now Thien Huong Ward), complete with land titles. During the title transfer process, Loan discovered that Huu had built a house on one of her plots.
Loan made repeated attempts to contact Huu through intermediaries, text messages, and phone calls, urging him to halt construction. However, she received no response.
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The two-story house Huu mistakenly built on someone else's land. Photo: Le Tan |
The two-story house Huu mistakenly built on someone else's land. Photo: Le Tan
In 11/2024, Loan filed a report with the Kien Bai Commune People's Committee. In a meeting with authorities, Huu explained that in 8/2024, he and his wife had purchased a plot of land in Residential Group 7, Kien Bai Area, from a real estate agent for 550 million VND.
Both Huu's plot and Loan's plot measured 60 square meters and were originally part of a larger parcel that had been subdivided. Huu stated that during the purchase, he and his wife agreed with the agent to take the second plot from the alley entrance.
On 19/10/2024, Huu received his land title but discovered that his designated plot was actually the sixth from the alley entrance. The plot where he had built the house belonged to Loan.
During discussions with commune authorities, Huu proposed a land swap or to purchase Loan's plot. Loan refused. Unable to reach an agreement, the Kien Bai Commune People's Committee issued a construction halt order to Huu.
"My family bought two adjacent plots to build a house. If we swap now, the plots will be separated, and what can we do then? Huu wasn't cooperative and even defiant," Loan stated.
Despite the landowner's objections and the official order to stop construction, Huu continued to complete the two-story house. Loan then filed a lawsuit to reclaim her land.
At the court hearing on 11/8, Huu admitted his mistake but disagreed with Loan's lawsuit. He proposed a land swap or financial compensation equivalent to the land's value, approximately 550 million VND, to retain the newly built house.
Loan maintained her demand for Huu to demolish the illegally constructed building and return the land.
The People's Procuracy representative recommended that the court uphold the plaintiff's claim, forcing Huu to remove his belongings and demolish the entire structure built on Loan's land.
The court determined that Huu's construction on the land without the owner's consent was unlawful. Huu's continued construction after discovering the error and receiving the official stop-work order constituted an infringement on Loan's legal land rights, illegal construction, and defiance of authorities.
The Hai Phong People's Court Area I ruled in favor of the plaintiff. The court ordered Huu to demolish the entire structure, return the land to Loan, and pay the first-instance civil court fees and litigation costs of 10 million VND.
More than a month after the verdict, Huu's two-story house remains standing.
On 15/9, when summoned by the Thien Huong Ward People's Committee to discuss a resolution, Huu stated that he disagreed with the verdict and had filed an appeal.
"Local authorities have advised Huu to consider relocating the house to his own plot with the help of specialists, which would be less costly than demolition. However, Huu remains steadfast in his appeal. Once a final ruling is issued, we will coordinate with relevant parties to enforce the law," said Nguyen Cong Dien, Chairman of the Thien Huong Ward People's Committee.
