PARENTS GIVE LAND BY WORD OF MOUTH – HOW IS A DISPUTE RESOLVED?

1. Legal provisions on gifting land use rights

According to the Civil Code 2015 and the Land Law 2024, gifting land use rights is a special civil transaction that must comply with strict formal requirements.

• Article 459 of the Civil Code 2015: “The gifting of real estate must be made in writing, notarized, certified, or registered if the real estate must be registered for ownership as prescribed by law.”
• Point d, Clause 3, Article 27 of the Land Law 2024: “Notarization and certification shall be carried out in accordance with the law on notarization and certification.”

Thus, in principle, parents giving land to children verbally does not meet the formal requirements set by law.

2. Is verbal gifting of land recognized

This is often a contentious issue in court practice.

Some believe that if parents declare in front of relatives or neighbors that “this child is given that piece of land,” the child automatically owns it. However, the law is not that simple.

Courts usually consider multiple factors, such as:

• Whether parents truly intended to give the land;
• Whether the gift was publicly known;
• Whether the child actually received and used the land;
• Whether they built a house, planted long-term crops, or invested in the land;
• Whether the land was used continuously, openly, and stably for a long time;
• Whether other family members knew and did not object.

If there is only one-sided testimony without supporting evidence, it is very difficult for the court to recognize the gift.

3. Key evidence to prove land was gifted

Evidence plays a decisive role in these disputes.

• Witness testimony: Relatives or neighbors who witnessed the gift can provide statements.
• Actual land use: Building houses, planting trees, fencing, paying land taxes, and living there stably for years.
• Handwritten documents: Even if not notarized, handwritten notes from parents can still be considered evidence.
• Land records and local authority confirmation: Declarations of land use, origin of land, or official confirmation can support claims.

4. After parents pass away – gift or inheritance

This is the most common source of disputes.

• If the child can prove that the gift was completed before the parents died, the land is no longer part of the estate.
• If not, the land remains the parents’ property and must be divided as inheritance.

Example: In 2005, Mr. A verbally gave his eldest son a piece of land to build a house. The son built a permanent house and lived there stably, with siblings aware and not objecting. After Mr. A’s death, some children demanded inheritance division of that land. In such cases, the court will examine all evidence to determine whether the gift was effectively carried out.

5. Factors courts usually consider

• Parents’ true intention: Was it a genuine gift or just temporary use?
• Land use process: Continuous, open, long-term use is strong evidence.
• Family acknowledgment: Lack of objection over many years favors the recipient.
• Objective evidence: Tax receipts, land records, building permits, maps, local authority confirmation, witness testimony.

6. How to prevent disputes

Most sibling disputes arise because parents gave land without legal paperwork. To avoid this:

• Make a written gift contract with clear details.
• Notarize or certify the contract.
• Register the transfer of ownership at the land registry office.
• Publicly inform family members to prevent misunderstandings.

7. Conclusion

Verbal gifting of land is common, especially in rural areas and close-knit families. However, legally, it carries significant risks.

In disputes, the person claiming the gift must provide evidence. Courts will evaluate witness testimony, land use history, documents, and other evidence to determine the nature of the transaction.

The lesson is clear: no matter how much trust exists between parents and children, land gifts should always be formalized in writing, notarized, and registered. This protects the recipient’s rights and preserves family harmony by preventing prolonged disputes.