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How to Avoid Buying Disputed Land Property in Cambodia?


In Cambodia, land registration still has a lot of problems with some people occupying land property without land tenure certificate and others illegally occupying it. This uncertainty usually sparks dispute when you buy and sell land property in the kingdom and therefore in order to avoid buying controversial land, buyers should be careful before signing the contract with sellers.

Before starting to sign the contract, what points do you have to consider in order to avoid buying disputed land? Below are four major points to consider before signing the contract to buy land.

Type of Land Tenure

Buyers need to check whether land tenure belonging to landlord is a soft or hard title. If it is a hard title, it means that landlord has a full ownership of the land which is recognized on the national level. This type of land tenure is more trustworthy for buyers because you can see the land size, location of the land and the name of landlord.

However, if it is a soft title, it means that landlords just occupy the land legally with the right to sell it, but has no full ownership of the land. This land is recognized just on the commune/Sangkat level. In this case, buyers should be more careful before buying the land.

Land Situation

After seeing clearly about the type of land tenure if it is a soft or hard title, buyers should look at the surrounding to check whether or not there is other land with fence or clear border adjacent to your land. If you see that the land has no border, it is essential that you measure the land to set a clear border before signing the contract. The land measurement must be made with the presence of cadastral authority.

Land Burden

At this point, you need to check if the land is used as a mortgage or if the land is relevant to the court’s decision banning the sale of the land or the land is the subject of seizure.

Land Used for Road Development

Because Cambodia is a developing nation, infrastructure development is a top priority. Therefore, before you buy the land, you need to look at whether it will be cut for future road development or not as part of the government’s project. If the land will be cut for road development, to what extent will the land be affected.

After you analyze clearly about all the above four points, you will not make a mistake or be disappointed when signing the contract to buy your favorite land.

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