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 namely, 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 two weeks, we have explored what an LMAP title is, the benefits and have taken a look at the issuing of LMAP, associated fees and the status of the titling project throughout the nation by government agencies. This week in part 3 we will explore an overview of the application process thanks to Realestate.com.kh.
The 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 this title will be registered and recognized at a national level. An LMAP process takes around 12 weeks to process for land that has already been indexed on a cadastral map - see Realestate.com.kh's Land Title Transfer Process in Cambodia for more information.
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 or letters, or agreements that prove ownership for land that does not already have a title, or certificates of ownership, title, and the sale and purchase agreement- for land that has already received a form of 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 designated land official will examine all the documents to check the legitimacy and legality of them.
During the application, the MLMUPC will determine whether the actual land is private property. In case that there are conflicts amongst landowners, the relevant land official can raise it to the relevant local committees to settle the conflicts in 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.