In Cambodia, traditionally there are three major classifications of land titling – hard title, soft title and strata title.
Each different title confers different rights and securities to landowners. Now there is another land title known as the LMAP title, which is the strongest form of land title in the kingdom.
Last week in Part 1 we examined what an LMAP title is and the benefits for landowners in obtaining one. This week in Part 2 we will take a brief look at the issuing of an LMAP, associated fees and the status of the LMAP titling throughout the nation thanks to Realestate.com.kh.
Issuing LMAP titles and associated fees
In general, the issuing of LMAP title is the responsibility of the Ministry of Land Management, Urban Planning and Construction (MLMUPC) with no specific service fee to be charged for the LMAP title itself. However, if you apply for an LMAP, you will still have to pay the transfer tax, which is generally about 4 percent, that is applied when obtaining a property title.
In addition, if you are required to pay property tax, or other taxes (which is dependent on the area your land is in), for example – annual property tax, you need to pay all those taxes before the LMAP title can be issued.
LMAP title availability
Another major factor to consider is that the LMAP titling process is yet to be completed throughout the entire country by the MLMUPC. This process involves GPS coordinates being ascribed to every land plot in the country, with the result being a cadastral index map showing land boundaries and land registration data. At present, it is estimated that 80 percent of LMAP titling of land plots have been completed.
This gives rise to three possible scenarios;
Firstly, if the MLMUPC is presently undergoing the necessary LMAP titling process in your village or area, this means you only need to follow what your local authority informs you to do once the project is completed. It is their obligation to communicate with you.
Secondly, if the LMAP titling has already been completed in the area that your land is, and you have not applied for the title, do not worry, this can always be applied for at a later date.
Finally, if the area your land is in hasn’t been subject to the LMAP titling process by the government, unfortunately you cannot apply for an LMAP title at this stage. However, you can apply for a hard title in the meantime. This is the strongest form of land title after LMAP and will still give you legally enforceable rights over your land.
Look out for Part 3 next week where we take a step by step breakdown of the actual application process for obtaining your LMAP title and all the documents you will need.
If you missed Part 1, make sure to check it out on Realestate.com.kh/news.
James Whitehead is the Director of Content @ Realestate.com.kh