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property or land in Cambodia

Land ownership is a priceless possession for families and people as an income and financial security source. It is regarded as a standing social mark and identification in rural areas. It is crucial for agricultural production that continues to be a significant element of Cambodia’s economic system. The past property disputes, wealthy people or businesses’ land grabbing, and corruption have all made land ownership a complicated concern in the Cambodian region.

Although the government has set measures to solve these concerns, maintaining equitable allocation and land accessibility still poses difficulties. IPS Cambodia is the ideal real estate service provider to solve all your land ownership concerns and help you locate secured deals while buying land in Cambodia.

Types of Land Ownership in Cambodia and What They Mean

-Private Ownership

The Land Law, which governs Cambodia’s private ownership, describes it as the “right to dispose of, hold, and use buildings, lands, and many other immovable properties. It is the most prevalent in Cambodia’s land ownership form that either legal entities or persons could obtain through many sources, such as donation, purchase, or inheritance.

Legal entities or individuals’ ownership should be registered with Urban Planning and Construction, the Land Management Ministry, to legally hold Cambodian ownership. The procedure for registration is done by using necessary document submission, including required fee payment, legal documentation, and certificate of land title.

Therefore, it is crucial to reach a service agency for legal advice on private ownership of land before investing or buying Cambodia’s private land.

-Undivided Ownership

As per Cambodia’s law, undivided ownership of land is recognized as land tenure’s legitimate form. Besides, there must be “adequate proof of land’s use and traditional ownership by any indigenous group or specific community before communal ownership could be recognized.

Unfortunately, difficulties, including contradictory traditional land usage interpretations, overlapping claims, and competing priorities for land from other parties, make the ownership more difficult. However, civil society and government organizations have worked to promote the acknowledgement and defence of Cambodia’s communal land tenure rights.

-Co-ownership

Co-ownership of the land refers to owning land by two or more people. Cambodia’s land co-owners are treated equally regarding obligations and rights until a documented agreement provides otherwise. As a result, every co-owner has the possession and usage of the land and is collectively responsible for every debt and liability relating to it.

In addition, depending on the co-owners consent, they have to sell or transfer the property’s portion to a third party. However, there are many challenges in the co-ownership of property or land in Cambodia, including land development and usage disputes, repairs and maintenance decisions challenges, conflicting interests, etc.

However, a professional can guide and guide carefully carry out the co-ownership without getting involved in disputes and conflicts.

-Collective Ownership

Collective ownership refers to owning land collectively by a legal entity or individual. Cambodian law recognizes collective ownership and is established through registration from Urban Planning and Construction, the Ministry of Land Management, and customary land tenure systems’ recognition. Many complicated concerns may challenge collective ownership when there is a diverse or large group. Some challenges may include accountability, management decision-making terms, etc.

-State Public Ownership

State public ownership refers to government land ownership for the public, including environmental conservation, public services, and infrastructure development. This land type is governed by legal frameworks and Land Law, with government power for the due procedure, managing state-owned land, and expropriating private lands for public usage.

Although ownership has many challenges, civil society organizations and government ensure land governance’s accountability, promote transparency, and manage ownership with human rights goals and sustainable development.

-State Private Ownership

State private ownership refers to government-owned land granted or leased to private entities or persons for their benefits and usage. Legal frameworks and Land Law govern this land type. Government has the authority for a specific period, provided that transparent and equitable processes for allocation and management are followed.

Also, the government oversees and upholds the observance of lease terms and land usage laws. However, many complicated issues bring challenges for this ownership type in Cambodia, including limited accountability and transparency, land grabbing corruption etc.

Conclusion

Although many types of land ownership are accessible in the Cambodian region, each type poses challenges to ownership. However, civil society departments and the government has made many efforts to ease the ownership of each type of land.

Therefore, when you look for any kind of land ownership, including the different types mentioned in this guide, it would be best to reach IPS Cambodia to get advice and guidance on land usage, legal terms to follow, and how to avoid the challenges of land ownership in the Cambodian region.

IPS Cambodia’s experts will guide you through the process and help make your buying and possession of the land smooth and convenient.

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