Farming the Land for Over Twenty Years, Suddenly Someone Comes to Take It Back — How Does the Lao Supreme Court See It?

种了二十多年的地，突然有人来要回去——老挝最高法院怎么看？

ປູກຢູ່ດິນດຽວກັນຫຼາຍກວ່າຊາວປີ, ກະທັນຫັນມີຄົນມາຂໍຄືນ——ສານປະຊາຊົນສູງສຸດລາວເຫັນແນວໃດ?

Published: 2026-09-11 · LaoPaniti legal guides

In northern Laos, a certain gentleman had been cultivating and farming a piece of agricultural land since 1997, paying Land tax year after year. Over twenty years passed, and the harvest from the land supported his entire family. Until one day, a Company came knocking, claiming that the Right to manage and use this Land belonged to them and demanding that the gentleman return the Land.

The gentleman was stunned: I've been farming this Land for half my life, how did it suddenly become someone else's?

This Dispute went all the way to the Lao People's Supreme Court. The final result was: The Supreme Court rejected the Plaintiff's application for cassation, upheld the second-instance Judgment, and confirmed that the gentleman enjoyed the Right to manage and use the Land.

This case is worth a careful read by everyone who holds or uses agricultural Land in Laos.

I. Each Side Says Their Piece — What Exactly Is the Dispute About?

The Plaintiff's claim was straightforward: they enjoyed the Right to manage and use the Disputed Land, the Defendant used it without permission, and it should be returned.

The Defendant gentleman's defense was equally simple: I have been cultivating and using this Land since 1997 without interruption, and I have not missed a single payment of the Land tax owed.

The core issues of the Dispute in this case really come down to two questions: Who does the Right to manage and use the agricultural Land belong to? And who bears the Burden of Proof?

II. The Court's Reasoning: He Who Asserts Must Prove

The Supreme Court of Laos in this case set out very clear points of adjudication:

The party asserting the Right to manage and use the Land should bear the Burden of Proof. If sufficient Evidence cannot be produced to convince the Court of their claim of Right, they must bear the adverse consequences.

In other words, merely saying "this Land is mine" is not enough — there must be Evidence to support it.

On the other hand, the Court also recognized: The fact of long-term continuous possession and use of the Land, without interference from claims of Right, can serve as a basis for determining the Right of use. The fact that the gentleman had continuously cultivated and used the Land since 1997 and paid Land tax constituted strong support for his claim of Right.

Procedurally, this case applied Articles 106, 108, 109, 110, 111, and 113 of the 2004 Civil Procedure Law, as well as Article 24 of the law on adjudication fees.

III. What Does This Case Remind Those Using Land in Laos?

First, preserve Evidence early. Land tax payment receipts, records of cultivation and use, and Testimony from village neighbors — these things that seem insignificant in ordinary times become crucial when a Dispute arises.

Second, long-term actual use itself has value. Continuous, open, and undisturbed possession and use of Land is a factor that Courts in Laos may take into consideration in judicial practice.

Third, assert your Rights proactively. If you are the party who believes your Rights have been infringed, the Burden of Proof is on you — you cannot expect the Court to find Evidence for you.

In Laos, when it comes to transactions and holding of Land and real estate, tax receipts and ownership documents are often tied together. Situations like those mentioned in "Buying and Selling Land and Houses in Laos: If You Don't Pay This Tax, the Transfer Documents May Not Be Processed" all illustrate one principle: procedures and receipts should be kept in order at all times.

Land Disputes can never be resolved by simply saying "I've used it for a long time," nor can the Land be recovered by simply saying "this Land is mine." Evidence, time, and procedure — none can be missing.

If you also encounter similar questions about Land ownership, you might first go to https://www.123laoai.com to ask the AI for free, clarify the situation, and then decide on your next step.

This article was compiled by 老法智 LaoPaniti and is for reference only; it does not constitute legal advice.

FAQ

In Laos, can long-term use of a piece of agricultural Land alone establish the Right to manage and use it?

It cannot be simply equated. According to the adjudication points in this case, the fact of long-term continuous possession and use without interference from claims of Right can serve as a basis for determining the Right of use, but the Court will still make a comprehensive assessment based on all the Evidence in the case, and the party asserting the Right must also bear the corresponding Burden of Proof.

In a Land ownership Dispute, who bears the Burden of Proof?

According to the adjudication points in this case, the party asserting the Right to manage and use the Land should bear the Burden of Proof. A party that fails to provide sufficient Evidence to convince the Court of its claim of Right should bear the adverse consequences.

Does paying Land tax help confirm the Right to use Land?

In this case, the fact that the Defendant had continuously cultivated and used the Land since 1997 and paid Land tax was an important background factor in the Court's support of his claim. However, specific cases still need to be judged based on the Evidence as a whole and cannot be generalized.

Legal basis

《2004年民事诉讼法》第106条
《2004年民事诉讼法》第108条
《2004年民事诉讼法》第109条
《2004年民事诉讼法》第110条
《2004年民事诉讼法》第111条
《2004年民事诉讼法》第113条
《裁判费用相关法律》第24条

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