In the kingdom, traditionally there are three major classifications of land title which are utilized throughout the country. The ownership titles that are commonly referred to are hard title, soft title and strata title, enabling foreign ownership within condominiums – subject to certain conditions. Each title confers different rights and securities.
Now there is a fourth form of title that is commonly referred to as an LMAP title. Although the term LMAP refers to a project that was commenced by the World Bank in 2002 and the completion of the nationwide titling project has since been transferred to other agencies, the LMAP acronym has stuck and is commonly referred to as an LMAP title.
Over the past two weeks we have explored what an LMAP title is, the benefits and have looked at the issuing of LMAP, fees and the status of the LMAP titling project throughout the nation. This week in Part 3 we explore an overview of the application process thanks to Realestate.com.kh.
LMAP application process overview
Applying for an LMAP title involves directly communicating with the Ministry of Land Management, Urban Planning and Construction (MLMUPC) and the relevant cadastral officials. This is due to the fact that the LMAP will be registered and recognised at a national level. The application process takes about 12 weeks to process for land that has already been indexed on a cadastral map.
Further to this, the application process involves your own input, as a landowner, to submit the correct documentation and application form to the MLMUPC office.
These necessary documents include any receipts, letters, or agreements that prove ownership for land that does not already have a title. Alternatively, certificates of ownership, the current title, and the sale and purchase agreement are necessary for land that already possesses a title.
Additional documents such as an identity card, family book, birth certificate and marriage certificate (if this is applicable) are also necessary during the application process.
Once submitted, the application will be checked by the MLMUPC and the designated land official will examine all the documents to check the legitimacy and legality.
During the application check the MLMUPC will determine whether the land is private property. In the case that there are conflicts amongst landowners, the designated land official can raise it up to the relevant local committees to settle the conflicts in the place, without bringing their case to the court.
However, in this case you will be eligible to pay a stamp duty tax – which we will explore further in the fourth and final part of the LMAP series – where we will also delve into commonly asked questions.
Remember, that in the case of any dispute or questions regarding the LMAP process and specifics of the application, we strongly recommend that as a landowner you should obtain independent legal advice to ensure both certainty and clarity.
If you missed Part 1 or Part 2 of this article, we invite you to please read them on https://www.realestate.com.kh/news/LMAP-Titles-Explained-Part-1/
James Whitehead is the Director of Content @ Realestate.com.kh