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Found 2 results

  1. andy

    Price of Land?

    I have recently been in negotiations for the price of a small plot of land along side the Mekong river. I am very happy with the agreed price and the location. For some people the location may be a little remote! The nearest market is a 45 minute boat ride to Laos. The closest big city, is around 2 hours drive. Although there are a few small hamlets on the way. The land appeals to me! It is ideally situated with a cool breeze along the river. I have 2 friends here who have recently bought land of about the same size of what I am proposing to buy, but in different areas. One Cambodian who has paid $30,000 and has his building well on its way in Koh Kong province. The other a westerner, whom has bought in is girlfriends name in Kampong Chhnang, for the price of $20,000. It would be interesting to know if any forum members know of land prices in areas around the country. And also there stories! good or bad. Photo's of the land - I have had a quote to clear the land by tractor of $70, there are 3 good fruit trees in there I wish to keep. It would be nice to construct a nice deck here! for relaxing and bathing. The Mekong view of Laos in the distance. I have also been asked by other members if the Land is Hard Title! With research I would say 90% of land owned will possibly be Soft Title. I am prepared to be corrected. Knowledge and understanding is important. The following my be of interest - The hard and the soft of land title ownership in Cambodia The titling of land and the establishment of ownership rights is one of the most critical issues confronting development in Cambodia today. While the majority of well-publicised disputes tend to pit the poor against the powerful, certainty of title is a prerequisite for anyone who hopes to own land and build in the Kingdom. Can you give a brief history of land title in Cambodia? In 1989, a regulation was passed allowing private ownership of residential properties and possession status on agricultural property up to five hectares. Prior to that it was all state land. In 1994, a land law [the Law on the Country Planning, Urbanization and Construction] was passed that basically formalised this and made a distinction between residential properties and nonresidential properties for ownership purposes. In 2001 the Land Law came along and basically allowed private ownership of most types of land. How is land registered in Cambodia? All land will eventually be registered at the Ministry of Land Management cadastral office. At the moment everybody is on what they call soft title, in which land is registered at the local level only and not at the national level. It is technically possession status, not ownership. Hard title is land that is registered at the national registry and has a title deed. The World Bank is currently sponsoring a program where it is bit-by-bit going around demarcating everything and identifying who owns what. When you buy a piece of land, how do you ensure you have the only title? The first thing you do is get whatever documentation the person selling the land has, and that will tell you if it is hard title or soft title. If it's national title, you go to the national register and confirm it, but you still reconfirm at the district level that there have been no transactions since the issuance of the national title. If it is soft title, you would do due-diligence at the local sangkat [commune] office and the district office to identify who they see as the owners or possessors of that piece of land. You would also do due diligence with the neighbours and ask them who they see as the owners of that land. If each of those people says the same thing, you are pretty safe. If any of those people say something different to the others, then you have to investigate further. Your biggest problem ordinarily is overlapping boundaries; there was no science to demarcating borders in the old days and the creep of overlaps can be quite substantial. What counts as proof of soft title? Title documentation can take a variety of forms, including building applications, which act as proof of ownership. Bear in mind that most people have no paperwork - they were just there and never actually formalized anything. People with no ownership documents will go down to the local sangkat and get a possession status certificate, and that is fine. The other thing you might see is a letter of transfer from the previous possessor stamped by the local sangkat and the district office, and that is proof of soft title at the local level. It all comes down to the district and local offices recognizing somebody, and they will create the paperwork if need be to confirm that. It is with that bit of paper you go forward. In the event there is a land dispute, what are the resolution channels? It depends on the level of registration. If you have soft title it will go to the cadastral committee for dispute resolution. They will go into the area and ask people to tell them who owns what. They will put that up publicly, and, if there are no contestations, that will be put on the national register and that becomes forever-and-a-day ownership with those borders for those people named. If anybody comes forward and contests those demarcations, everybody will need to bring their evidence forward to the cadastral committee and they will assess the evidence and make a call. There is also a national land dispute committee under the Council of Ministers that was set up a couple of years ago to oversee land disputes that is separate to the cadastral committee. They usually try to get parties to agree to a resolution, but they can make a call. The third entity is the courts. You should never be denied the right to go to court on any dispute because it's the courts that have that mandate under the constitution. They should be the final arbiter always. What do the dispute committees and the courts base their decisions on? Ownership is based on the principle of certainty of title. This is conferred on people not by contract or by deed with the previous owner but by the registrar. Ownership of land, and transfer of ownership, is decided at the time the Registrar General changes the books. If Mr A sells land to Mr B, Mr B becomes the owner as a matter-of-fact under law when the Registrar General changes the books. If someone is wrongly put on there, the previous owner has an issue against the Registrar General, not against the owner of the title, who is now in matter-of-fact the owner. What is on the register is absolute proof of ownership; so, if there is a contest in court, you should be able to take the title deeds to court, say it's got my name on it - end of story. There is nothing for the court to determine, unless there has been fraud. The system is such that the courts shouldn't be involved.
  2. From Phnom Penh Post Thursday 9th August 2012 Cambodia has had a tumultuous past, and the effects of the Khmer Rouge era and the years of civil war still live on today in many facets of the Kingdom of Cambodia. One area where the effects of Year Zero can be still be tangibly experienced is in relation to land ownership. Read More Here
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