Complete Overview of Property Ownership and Titles in Cambodia.

Complete Overview Of Property Ownership And Titles In Cambodia

There are a total of four titles used to classify land in Cambodia, including:

1) Hard Titles:

  • Nature: Considered the strongest and most secure form of land title in Cambodia.
  • Issuance: Issued by the Ministry of Land Management, Urban Planning and Construction and recognized at a national level.
  • Authority: The certificate for a hard title is provided by the National Land Management and Planning Office.
  • Ownership: If a property is registered under both a hard and soft title, the hard title holds authoritative ownership.
  • Process: Obtaining a hard title is a time-consuming process.
  • Transfer Tax: There is a transfer tax of 4% associated with the transfer of hard titles.
  • Security: Provides strong legal protection against disputes or claims by third parties.

2) Soft Titles:

  • Nature: Most commonly issued Cambodian land title.
  • Recognition: Possessory right recognized by local government, commune, or district, but not at a national level.
  • Transfer: Transference of soft titles is rapid and relatively inexpensive.
  • Durability: Not as durable as hard titles and can still be contested by third parties.
  • Trend: New developments are increasingly registered under hard titles due to the disadvantages of soft titles.

3) Strata Titles (Co-ownership):

  • Nature: Used for condominiums and granted approval for co-ownership by Khmer citizens and foreigners.
  • Recognition: Recognized at a national level by the Ministry of Land Management, Urban Planning and Construction.
  • Limitations: Foreign ownership of the entire co-owned building is limited to a maximum of 70%. Foreigners cannot own properties on the ground floor.
  • Process: Similar to hard titles, obtaining strata titles involves a long process.
  • Transfer Tax: Transfer of strata titles also incurs a 4% transfer cost.

4) LMAP (Land Management and Administration Project):

  • Nature: A land title issued under the Land Management and Administration Project initiated by the World Bank.
  • Recognition: Recognized at a national level by the Ministry of Land Management, Urban Planning and Construction.
  • Process: Involves a decently long transference process.
  • GPS Coordinates: LMAP titles have GPS coordinates accurately identifying property boundaries.
  • Transfer Tax: Transfer of LMAP titles also carries a 4% transfer cost.

In summary, the different types of land titles in Cambodia vary in terms of recognition, security, process, and associated costs. While hard titles offer the highest level of security and recognition at a national level, soft titles, strata titles, and LMAP titles each have their own advantages and limitations, catering to different needs and circumstances of property owners and investors.

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