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QUESTION:
I would like to ask the lawyer at the 2 families that have 2 fences since the old days when 4-wheeled vehicles can not be accessed. Now the next house has built a fence and planted a fence outside and built a concrete pillar outside, now the car cannot reach my house. So now what to do, lawyer.

ANSWER:
Greetings from MEDLAW, thank you for sending your question to us, based on the information you provided, we would like to advise as follows:
According to Article 175 of the 2015 Civil Code:
"first. The boundary between adjoining immovable properties is determined by agreement or under a decision of a competent state agency.
Boundaries can also be customary or based on boundaries that have been in existence for 30 years or more without a dispute.
Not to encroach on, occupy or change separating landmarks, even in cases where the boundaries are canals, ditches, trenches, rice fields. All subjects are obliged to respect and maintain common boundaries.
Land users are allowed to use the space and ground vertically from the boundary of the land parcel in accordance with the provisions of the law and not affect the use of other people's land.
Land users may plant trees and do other activities only on the premises of the land under their use rights and according to the defined boundaries; If the roots of the trees or branches exceed the boundaries, the excess must be trimmed, trimmed, or pruned, unless otherwise agreed. ”

According to Clause 2, Article 254 of the 2015 Civil Code, the location and limit of the aisle length, width and height shall be agreed by the parties, ensuring convenience for travel and less trouble for the parties; If there is a dispute over the path, it has the right to request the court or other competent state agency to determine it.

According to Clauses 4 and 5, Article 14 of Decree 91/2019 / ND-CP, in case of encroachment on or encroachment on non-agricultural land in rural areas, the sanctioning form and level are as follows:
a) A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed if the encroached land area occupies less than 0.05 hectares;
b) A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed if the encroached land area occupies from 0.05 hectares to less than 0.1 hectare;
c) A fine ranging from VND 40,000,000 to VND 100,000,000 shall be imposed if the encroached land area occupies from 0.1 hectare to less than 0.5 hectare;
d) A fine ranging from VND 100,000,000 to VND 200,000,000 shall be imposed if the encroached land area occupies from 0.5 hectare to less than 01 hectare;
dd) A fine ranging from VND 200,000,000 to VND 500,000,000 shall be imposed if the encroached land area occupies 01 hectare or more.
In case of encroachment, encroachment on non-agricultural land in urban areas, the fine level shall be equal to 2 times of the respective sanctioning level. The maximum fine level does not exceed VND 500,000,000 for individuals.

According to Point a, Clause 1, Article 5 of Decree No. 15/2014 / ND-CP, conflicts between the parties in the use of common paths are mediated at the grassroots level.

To relate to your question, whether your neighbor builds a fence or a concrete pillar outside to make the vehicle inaccessible is an act of encroaching on the common path. You can solve it in the following two directions:

Case 1: The use of the shared passageway is agreed upon by the parties, according to local customs or under a decision of a competent State agency. Therefore, in order to protect your interests, you should first negotiate with your neighbors or ask the People's Committee of the commune or ward to mediate. If the mediation is unsuccessful, you can take action in a competent court to resolve it.

Case 2: If the building of the fence, the concrete pillar encroaches and affects the path of the whole neighborhood, you can file a complaint to the competent authority for handling according to administrative procedures.

The content of our consultation is based on the information provided by the Client, is for reference only and based on the legal provisions in force at the time of consultation. In case you ever need detailed consultation, please contact us directly for specific advice.
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