Commentary on Land Use Rights Dispute Precedent

Precedent No. 52/2022/AL published by the Judicial Council of the Supreme People's Court regarding land use rights disputes between households is an important precedent in judicial practice.

Case facts: Two households disputed a land parcel passed down from grandparents. The plaintiff claimed land use rights based on the grandfather's oral will. The defendant argued the land had been previously divided and they had continuously cultivated it for over 30 years.

The Supreme Court determined that: in the absence of a written will and with over 30 years of uncontested continuous cultivation, land use rights are recognized for the cultivating party. This is an important precedent for similar cases.

This precedent has significant practical implications, particularly in rural areas where land transfers are often conducted according to local customs without formal legal documentation.

Attorneys should note this precedent when advising clients on rural land disputes, especially those involving multi-generational inherited land.

This precedent also raises important questions about the relationship between statutory land use rights and customary land use rights, an issue requiring continued research and refinement within the legal system.