ED ITO R I AL
FOREIGN PROPERTY OWNERSHIP MECHANISMS A N E X C E R P T F R O M T H E R E A L E S TAT E .C O M . K H CAMBODIA INVESTMENT GUIDE 2018
The following article is a short
laws and regulations, tax and
Private ownership rights, however, will
excerpt from the Realestate.com.kh
financing considerations for
be protected when the landowner has
Cambodia Investment Guide 2018.
investors, regional location
formal proof of ownership; namely a land
The Realestate.com.kh Cambodia
profiles, investment regulations
certificate - more commonly known as a
Investment Guide contains the
and much more.
‘hard title’. Yet, the most common form
most up to date information
of ownership rights in the Kingdom are
related to the Cambodian real
Introduction to Cambodian
still ‘possessory rights’ - more commonly
estate market and is the most
Ownership Laws
known as a ‘soft title’. Absence of a hard
comprehensive document for
title places land occupiers in a vulnerable
prospective real estate investors
Under the legal statutes of the
position in regards to their rights to the
currently available in the market.
Cambodian Constitution 1993, and Land
land.[ii]
The full report covers a wide
Law of 2001, private ownership is an
overview of the market; including
interest which the state has a duty to
Ownership of property can now
Cambodia demographic and social
protect. Only in circumstances where
be secured by one of four forms of
profiles, key industry and trading
land subject to private ownership is
Cambodia land title, namely: hard
partnerships, GDP & FDI growth
deemed to be in the public interest does
title, soft title, LMAP title and private
trends, Sino-Cambodian relations,
the state have the right to interfere with
ownership in co-owned buildings (also
political situation, infrastructural
an individual’s private ownership rights.
known as strata title).
developments, property ownership
42
CAMBODIA REAL ESTATE 2017
[i]