FLAT LAW FIRM
Request a consultation

Real Estate and Construction

Neighbor Encroaching on Your Land: Step-by-Step Legal Guide

14 min readFLAT LAW FIRM
Cánh đồng ruộng nhìn từ trên cao với các thửa đất phân chia

Neighbor Encroaching on Your Land: a Step-by-Step Legal Guide

Land disputes between neighbors are the most common disputes in daily life — and the kind most likely to turn into prolonged conflict if handled wrong. The classic scenario: one morning you discover the neighbor's newly built fence has "advanced" about 2 meters into your family's land. Anger is natural, but acting on anger — arguing, demolishing on your own — almost always makes things worse.

This article walks through the lawful procedure, step by step, from evidence gathering to suing to reclaim the land, based on the Land Law 2024 and current guiding documents.

Table of contents

1. The scenario: a new wall "eating" 2 meters of the family's land

Mr. A's family owns a 120 m² parcel in a residential area, with a land use right Certificate showing clear boundaries and markers on the cadastral map. Early this year, the adjacent neighbor rebuilt the fence. When the wall was finished, Mr. A took rough measurements and found the new wall encroached on his family's land in a strip about 20 meters long and 2 meters wide — roughly 40 m² encroached.

Mr. A went over to talk; the neighbor insisted the wall followed the boundary "as it has always been", even claiming Mr. A's red book was mismeasured. Voices rose, nearly a scuffle. Relatives advised Mr. A to hire someone to demolish the encroaching section; others advised filing a lawsuit immediately.

Both pieces of advice were wrong. Demolishing the wall is destroying another person's property — even on disputed land — and could turn Mr. A from victim into violator. Suing immediately without commune-level conciliation would see the petition returned for failing to meet filing conditions. The correct procedure has four steps below, each with its own legal significance.

2. What land encroachment is and how the law treats it

Encroaching on or occupying land is prohibited. Article 11 of the Land Law 2024 lists prohibited acts in the land sector, including encroaching on and occupying land. "Encroaching on land" (lấn đất) means a land user shifts boundary markers or parcel limits to expand the used area without permission from the state land management authority. "Occupying land" (chiếm đất) means using land without State allocation, lease, or recognition of land use rights.

The neighbor's encroachment in the scenario violates the law on two levels simultaneously:

Administrative level: sanctioned under Article 13 of Decree 123/2024/ND-CP, with fines based on the encroached area. The fine is accompanied by the remedial measure of restoring the land to its original pre-violation state — i.e. demolishing the encroaching structure and returning the site.

Civil level: the encroached party has the right to reclaim the land under Article 166 of the Civil Code 2015 (owners and other right-holders may reclaim property from possessors without legal basis) and to claim damages. Boundary and marker disputes between adjacent immovable properties are governed by Articles 175 and 176 of the Civil Code 2015.

The two paths — administrative and civil — can run in parallel and reinforce each other, but each has its own procedure. The following sections detail them.

3. Step 1: gather evidence and establish the actual boundary

Before doing anything else, turn the feeling of "2 meters encroached" into measurable evidence.

1. Collect your land use right papers: the land use right Certificate (red book), cadastral map extracts of the parcel, and the survey records from issuance. These are the most important legal basis proving the parcel's lawful boundary.

2. Survey to establish the actual boundary: engage the Land Registration Office or a licensed surveying unit to survey and determine the parcel's boundaries and markers by the red book's coordinates, compared against the current state. Written survey results (minutes, diagrams) are key evidence — "eyeballing" or "estimating" proves nothing.

3. Record the encroachment: photograph and video the encroaching wall/fence with timestamps; make written records with witnesses (residential group leaders, other neighbors). If security cameras captured the construction, preserve the footage.

4. Learn about the neighbor's papers (if possible): during commune conciliation, the conciliation council will require both sides to present their papers; advance knowledge helps you prepare.

A note on surveying errors: red-book boundaries and actual boundaries sometimes diverge due to errors across survey rounds over the years (299 maps, official cadastral maps…). Current survey results must be compared against cadastral records across periods to determine the true boundary — which is why surveying should be done by a licensed unit, not self-measured.

4. Step 2: negotiate directly with the neighbor

The law encourages the parties to conciliate on their own before involving state authorities (Clause 1, Article 235 of the Land Law 2024). Direct negotiation has three advantages: speed, low cost, and preserving the neighbor relationship — valuable when two families will live side by side for years.

How to negotiate effectively:

  • Bring the survey results and cadastral map to the conversation — argue with evidence, not with feelings of "as it has always been".
  • Propose a concrete plan: the neighbor voluntarily demolishes the encroaching part and restores the boundary within a set time (e.g. 15–30 days).
  • Put any agreement in writing, signed by both sides with witnesses — verbal agreements are very hard to prove when one side "forgets".
  • Stay calm but firm; avoid threats or insults — they will not recover the land and may themselves violate the law.

When negotiation fails — the neighbor does not admit it, deliberately stalls, or acts defiantly — move to step 3. Having negotiated in good faith also works in your favor later, proving your goodwill.

5. Step 3: mandatory conciliation at the commune-level People's Committee

This step is mandatory under the law, not optional.

Legal basis: Clause 2, Article 235 of the Land Law 2024 provides: "Before the competent state authority resolves land disputes under Article 236 of this Law, the disputing parties must conciliate at the commune-level People's Committee where the disputed land is located." Skipping this step and suing directly will see the court return the petition for failing to meet filing conditions (the spirit of Clause 2, Article 3 of Resolution 04/2017/NQ-HDTP, inherited in the Land Law 2024).

Conciliation procedure:

  1. File a conciliation request with the commune-level People's Committee where the disputed land is located, attaching land use right papers and collected evidence.
  2. Establish the Conciliation Council: decided by the commune People's Committee Chairperson, comprising the Chairperson or Vice-Chairperson as council head, a representative of the commune Fatherland Front, the cadastral officer, and persons knowledgeable about the land's origin and use history (if any).
  3. Verification: the council must verify the origin, history and current state of land use; for boundary disputes it may inspect the site, compare cadastral records, and coordinate surveying where needed.
  4. Hold the conciliation: within no more than 30 days of receiving the application. The council has no power to adjudicate right and wrong — it only organizes the parties to reach agreement.
  5. Record the minutes: successful conciliation produces success minutes (with the value of a civil agreement, voluntarily performed); failed conciliation produces failure minutes — these minutes are a mandatory document in the lawsuit dossier.

Note: some argue "both sides already have red books, so no commune conciliation is needed." That view is wrong: boundary/marker disputes between adjacent land users — even with Certificates — remain disputes over "who holds the land use right" for the overlapping area, so commune-level conciliation is still required.

6. Step 4: suing in court — dossier and procedure

When commune-level conciliation fails, the next path is a lawsuit.

Which court has jurisdiction: under Point a, Clause 1, Article 236 of the Land Law 2024, land disputes where the parties or one party holds a land use right Certificate (or papers under Article 137) and disputes over assets attached to land are resolved by the People's Court. In Mr. A's scenario — both sides hold red books — the case falls under court jurisdiction. (Where no party holds papers, the parties may choose between the competent People's Committee and the court.)

The lawsuit dossier includes:

  • The petition (stating the claims: recognition of the land use right over the encroached area, compelling the encroacher to demolish structures, restore the original state, and compensate damages).
  • The failed-conciliation minutes from the commune People's Committee (mandatory).
  • The plaintiff's land use right Certificate; cadastral map extracts.
  • Survey results, diagrams of the encroachment; photos, videos, written records.
  • Papers evidencing damages (if compensation is claimed).
  • The plaintiff's identification papers.

What the court will do: accept the case, organize in-court conciliation under procedural rules; where necessary, commission independent surveying and technical appraisal; compare maps and cadastral records across periods; try the case and issue a judgment determining the land use right over the disputed area, ordering demolition, restoration of the original state, and compensation (if any). A legally effective judgment is enforced by the civil judgment enforcement authority — including coerced demolition if the losing party does not voluntarily comply.

7. In parallel: administrative sanctioning of the encroachment

Alongside the civil path (reclaiming land through the courts), the encroached party may report the encroachment to the competent authority for administrative sanctioning — the two paths are independent and can run in parallel.

Fines under Article 13 of Decree 123/2024/ND-CP: fines based on the encroached area and land category. For encroaching on or occupying non-agricultural land not state-managed (Article 13(4) — the housing case here), within a commune the fine bands run from under 0.02 ha (VND 5–10 million) up to 1 ha or more (VND 150–200 million); in a ward or township, fines are doubled, capped at VND 500 million for individuals (Article 13(6)). For Mr. A's 40 m² (0.004 ha), the fine falls in the lowest band — but the value of the administrative path is not the fine.

The real value of administrative sanctioning lies in the accompanying remedial measure: restoring the land to its original pre-violation state. An effective sanctioning decision is powerful leverage: it confirms in a state authority's writing that encroachment occurred and compels the violator to demolish voluntarily. In many cases, the sanctioning decision alone is enough to make the encroacher remediate without waiting for a civil judgment.

How to do it: send a report/complaint with evidence to the commune-level People's Committee or the land management authority; the competent authority inspects, verifies, records the violation minutes, and issues the sanctioning decision within its authority.

8. Claiming damages and restoration of the original state

Reclaiming the land is only half the story; the other half is remedying the consequences of the occupation period.

Restoration of the original state: require the encroacher to demolish all structures and fixtures on the encroached area and return the site. This claim may be stated in the civil petition or as the remedial measure in the administrative sanctioning decision. If the encroacher does not voluntarily comply, the civil judgment enforcement authority organizes coercion — with coercion costs borne by the obligated party.

Compensation for damages: the encroached party may claim actual damages, including:

  • The value of lost fruits and profits during the occupation (e.g. lost rent if the land was leased; lost crop value if cultivated).
  • Surveying costs, evidence-gathering costs, and reasonable litigation costs.
  • Other damages provable with evidence.

Damages must be proven with specific evidence — vague compensation claims without a calculation basis will not be accepted by the court. So from the moment encroachment is discovered, start keeping every related invoice and receipt.

9. Six mistakes that cost encroachment victims their advantage

Mistake 1: Demolishing the encroaching structure yourself. Turning yourself from victim into violator (destroying property) while destroying the site — complicating later surveying and verification.

Mistake 2: Suing directly while skipping commune conciliation. The petition gets returned, time is lost, while the encroacher gains time to consolidate the site.

Mistake 3: Only talking, never writing. Every exchange and agreement with the neighbor about the boundary should be recorded in writing with signatures — a verbal promise to "move the wall" proves nothing.

Mistake 4: Delaying action. The longer the wait, the more chance the encroacher has to build permanent structures, regularize papers, even transfer to a good-faith third party — multiplying the difficulty of reclaiming the land.

Mistake 5: Not surveying with a licensed unit. Self-measuring or casual measuring produces unreliable figures easily rebutted by the other side; the court will order re-surveying anyway, costing more time and money.

Mistake 6: Ignoring the administrative path. Many people think only of civil lawsuits, forgetting that an administrative sanctioning decision with the restoration measure can resolve the matter faster and create solid evidence for the civil case (if still needed).

10. Frequently asked questions

My neighbor built a wall encroaching on my land. May I tear it down myself? You should not. Unilaterally demolishing someone else's structure — even one built on disputed land — can turn you from victim into violator (destroying another's property) and cost you leverage in the dispute. The correct path is to gather evidence, request conciliation at the commune-level People's Committee, and sue to reclaim the land and compel restoration of the original state under a court judgment.

Must boundary disputes go through conciliation at the commune People's Committee before suing? Yes. Clause 2, Article 235 of the Land Law 2024 requires the disputing parties to conciliate at the commune-level People's Committee where the disputed land is located before the competent state authority resolves the land dispute. Suing without commune conciliation will see the petition returned for failing to meet filing conditions. The conciliation time limit at the commune People's Committee is no more than 30 days from receipt of the application.

Both houses have red books but the actual boundaries overlap. How is this resolved? This is a boundary/marker dispute between adjacent land users — it must still go through commune-level conciliation before suing. If conciliation fails, the case falls under court jurisdiction (Point a, Clause 1, Article 236 of the Land Law 2024). In court, commissioned surveying, technical appraisal, and comparison of cadastral records and maps across periods will determine which party the disputed area belongs to.

Is encroaching on a neighbor's land subject to administrative fines, and how much? Yes. Article 13 of Decree 123/2024/ND-CP fines land encroachment or occupation, with amounts based on the violated area and land category. For non-agricultural land not managed by the State (Article 13(4) — the neighbor-encroachment case): within a commune, encroachment under 0.02 ha (200 m²) is fined VND 5–10 million, rising with area (1 ha or more: VND 150–200 million); within a ward or township, fines are doubled, capped at VND 500 million for individuals (Article 13(6)). Beyond the fine, the remedial measures of restoring the land to its original state (including boundaries and markers) and disgorging unlawful gains apply.

The land was encroached years ago. Can I still reclaim it? In principle, the right to reclaim land is not subject to the ordinary limitation period for land use right disputes with title papers — but a long delay makes proof harder and can create complications (the encroacher has built permanent structures or obtained an overlapping red book). So the earlier the discovery, the earlier the action; the longer the wait, the greater the cost and risk.

Beyond reclaiming the land, can I claim compensation? Yes. The encroached party may claim actual damages from the encroachment: the value of lost fruits and profits during the occupation, surveying costs, reasonable litigation costs, and other provable damages. The compensation claim may be stated in the same petition to reclaim the land use right.

11. When to work with a lawyer

Neighbor land disputes look simple but easily escalate into multi-year lawsuits if mishandled from the start. Land lawyers should be involved:

  • As soon as encroachment is discovered: advising the evidence strategy — how to survey, how to record the site, which documents to prepare — so every step from the start has legal value.
  • During commune-level conciliation: preparing the dossier, attending conciliation, ensuring the minutes capture the true nature of the case (avoiding disadvantageous wording).
  • Litigation: drafting the petition, collecting and submitting evidence, litigating in court, requesting urgent interim measures when needed (e.g. stopping the encroacher from continuing construction).
  • Judgment enforcement: urging and coordinating with the civil judgment enforcement authority where coerced demolition and restoration are required.
  • Parallel administrative sanctioning: drafting the report, working with the land management authority so the encroachment is handled promptly.

FLAT Law Firm supports individuals in resolving land disputes from negotiation and conciliation to litigation and enforcement: legal surveying, dossier preparation, representation at commune-level conciliation, and litigation at all court levels — hotline 0988424851. If your family's land is being encroached, contact us as early as possible — in land disputes, time always favors those who act early.

—

References

  • Land Law 2024 (31/2024/QH15), Articles 11, 235, 236; Civil Code 2015 (91/2015/QH13), Articles 166, 175, 176; Decree 123/2024/ND-CP, Article 13 (effective 04/10/2024, replacing Decree 91/2019/ND-CP); Resolution 04/2017/NQ-HDTP, Clause 2, Article 3.
  • Cross-checked at time of writing (28/9/2026).

—