Frequently asked questions (FAQ)

1. What is The Process of Sporadic Land Registration in Cambodia?
What Is it?:Sporadic land registration is the process of registration for individual land, which is requested by an interested land owner (applicant), who is also responsible for all costs and expenses incurred in connection with the process.
Even if legally occupying the land, without ownership title, land owner may have some ownership disputes in the future. As such, ownership title is one of the most important legal documents proving as evidence of legal ownership and occupation. To receive a ownership title, land owner has to follow the procedures mentioned below:
The land owner has to file the application at the local cadastral office through the chief of Khum/Sangkat in that land area.
  1. After the receipt of application, the chief of Khum/Sangkat will verify (1) the identification, situation, and history of the land (including the date of land occupation) and (2) the identification of the owner (including name, residential address etc.). In case, the land owner lives in the Khum/Sangkat other than the Khum/Sangkat of the land; Chief of Khum/Sangkat in the land location will do the verification of the identification of the land; while the chief of Khum/Sangkat of the area where land owner lives will do the verification on the owner identification.
  2. After the verification by Khum/Sangkat, the application will proceed to Srok/Khan in order for the land officer to determine the boundary of the land. In the process, the land owner will show the land officer the boundary of the land; while the land officer will only do the measurement and draw the land layout.
  3. In the process of making the certification, the local authority has announced it to the public, just in case there are some complaints from the related individuals. Local authority also announces to the public 14 days before the date the land officer, together with the land owner, determine the boundary of the land. Even after the completion of the land layout drawing, the land officer will again announces to the public regarding the land and its land owner.
  4. 30 days after this announcement, if there are no complaints, local authority (Srok/Khan) will proceed the application to Province/City land office in order to finally check and issue the land title certificate for the request applicants.
NOTE: Even if processed as individual applicant, the success of the land registration may also depend on proper cooperation and assistance or availability of the neighbors of the surrounding target land, and the authority on conducting the boundary demarcation. In short, the length and success of the registration process might depend also on their availability.

2. What is The Process of Systemic Land Registration in Cambodia ?
What is it?: Systemic land registration is a land registration process that collectively involves simultaneously registering the numbers of land plots in any defined area, determined by the government.
The government initiates the systemic land registration without the request of any land owners. The government decides the location where it will proceed with the registration. The process of this registration generally follow the following five principle steps:
Step 1: Preparation
The government, during this preparation step, will analyze and decide which location it will do the registration. The local authority will inform the local people about the intended and planned registration so that the people will be ready for the registration participation.
Step 2: Demarcation and Land Layout
Land owners are those who will determine their land boundaries together with their neighbors. Land officer will only do the technical works by measuring the boundaries of the land based on the land owner’s presentation. In this process, the participation of the land owner is very crucial.
At the same time, land owner needs to prepare some important documents including birth certificate, identification card, family book, resident book, marriage certificate, court verdict, sale and purchase agreement and so on.
Step 3: Publication
Local authority will publicize the layout of the land as well as its owners so that others people can do the check and complaint should there are something wrong with the information. In this step, if there are conflicts among land owners, land owners can seek the committee to settle their conflicts, without bringing their case to the court.
Step 4: Final check and Registration
After 30 days, should there are no complaints, land officer will do the final check on the land title and its owner, which will be registered. Any lands having no conflicts will be registered and signed by relevant officers.
Step 5: Issuance and Distribution
The procedure is finished by the issuance and distribution of land title, generally in the form of LMAP certificate being the latest form of land ownership certificate.
NOTE: Those who failed to participate in the systemic land registration process can apply for registration of their land on a separate and individual basis via sporadic land registration process at their own cost and expenses.


5.Can I buy the land on the river? Some people said that if I buy and someday the government can take over if yes? What is the safe law of buying land on the river? 

Sure you can buy land on the river but you must know the law of Cambodia clearly. 20m from the river is set back land it means that you can’t make Hard Title and can’t build a big constriction like Hotels or big building. It’s afraid of falling down the land. But in this 20m on the river , you can build Bungalows, wooden houses, and more that is not the big foundation constriction. After 20m from the river, you can build whatever you want and can make Hard Title. The government takes over your property unless your property is under government development project to make sure to buy land on the river you must discuss with the experience real estate you can trust and because they can search at Cadastral Office if the property is in Government Project or not or they can give some useful information. 

6. Can I build a house on the river? 
Yes you can build, but according to the law of Cambodia 20m from the river you can't build the big house or hotel that has a big foundation, you can build the wooden houses or bungalows or stone house with a simple foundation to the ground not very long deep to the ground such as hotel or big building to avoid collapse. Note : In Cambodia it's depend on you if you pay much money on permission to build that can be made.

1 comments:

  1. Hello!!
    My name is Angelo Grillo
    I want to thank you so very much about your in dept information that you have posted
    It has help me a very great deal
    I also would like to arrange a time to speak with you personally .as I have already put some money in buying land in Kampot and as yet haven't seen any hard title paperworks
    Please help

    ReplyDelete