In the kingdom, traditionally there are three major classifications of land title which are utilised throughout the country. The ownership titles that are commonly referred to are hard title, soft title, and strata title (enabling for 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.
Over the past three weeks we have explored what an LMAP title is, the benefits and have taken a look at the issuing and application process, and the status of the titling project throughout the nation by government agencies. This week in the fourth and final part of the LMAP series we will delve into commonly asked questions regarding LMAP.
Do I need to spend money when applying for LMAP?
Technically, you aren’t required to pay for the service fee when the government hasn’t created the cadastral map and GPS coordinates (the LMAP titling process) in the area that you reside, as it is their duty to inform you after this titling process has been completed in your area.
However, if you apply for LMAP after you obtain your land title, and the process has been completed in your area, you will be charged a 4 percent tax fee – the same as for a property transfer. This fee will apply whether you are applying for LMAP with a soft title or a hard title property.
How do I know if my area has been subject to the LMAP titling process?
In order to know if an LMAP title is available in your area, you can go and check with the local authority such as the village or commune chief. These officials should be informed because the Ministry of Land Management, Urban Planning and Construction (MLMUPC) – which is the administrative body – need to have cooperation with these local officials during the LMAP titling procedures, such as the measuring of plots of land.
In addition if you are looking for more specific information you can check at the relevant Cadastral Officials office.
How do I know if my LMAP title is genuine?
Having obtained an LMAP title in the land transfer process does not prove it is genuine. You are better off to check with the Cadastral Office in your district or province in order to protect yourself from any scams.
Can a foreigner obtain an LMAP title?
Although the law does not technically allow foreigners to own land, other than in co-owned buildings and subject to certain provisions, there are other effective ways to control land in Cambodia for business or personal use.
Remember that in the case of any questions regarding the LMAP process and specifics of the application or your eligibility, we strongly recommend that
as a landowner you should obtain independent legal advice to ensure both certainty and clarity.
Over the past four weeks we have attempted to give a generic overview of the LMAP process, as essentially it is the most secure mechanism for land ownership. If you missed any of the other parts of this series please read them on https://www.realestate.com.kh/news/LMAP-Titles-Explained-Part-1/
Learn more how foreigners can own land in Cambodia on Realestate.com.kh.
James Whitehead is the Director of Content @ Realestate.com.kh