Subject: Land Law. Lecturer: Dr. Phalthy Hap Outline

Transcription

1 Session 13 Subject: Land Law For English Language Based Bachelor of Law Program (ELBBL) Lecturer: Dr. Phalthy Hap Outline Cadastral institutions Overview of sporadic land registration Background of sporadic land registration Output of land applications Development of land certificates Procedure of sporadic land registration Signature delegation to provinces Characteristics of sporadic land registration Output of sporadic land registration 2 1

2 Cadastral Ins4tu4ons (1) 1979: Department of Policy Management of Agricultural Economics under the Ministry of Agriculture 1989: Department of Cadastre under the Ministry of Agriculture 1994: Department of Cadastre under the Office of Council of Ministers 3 Cadastral Ins4tu4ons (2) Central level: Department of Cadastre ( ) "យក%&នស)*+ដ- Province: Provincial Cadastral Office.*/ល1យស)*+ដ-2ត4 District: District Land Office.*/ល1យភ6ម89ល 4 2

3 Cadastral Ins4tu4ons (3) 1999: Ministry of Land Management, Urban Planning and Construction (MLMUPC) The Department of Cadastre has been upgraded to the General Department of Cadastre and Geography 5 Cadastral Ins4tu4ons (4) Central Level: Ministry of Land Management, Urban Planning and Construction (1999-now) Province: Provincial Department of Land Construction, and Cadastre District: District Office of Land Construction, and Land 6 3

4 Cadastral Ins4tu4ons (5) Ministry of Agriculture OCM MLMUPC Now Dept. of Agricultural Economic Policy Management Dept. of Cadastre General Dept. of Cadastre and Geography 7 Cadastral Ins4tu4ons (6) Evolvement of land application process Dept. of Cadastre ownership & possession All provinces can issue Some provinces can issue Before Dept. of Cadastre issues, land applications must be sent to OCM District Possession, Province Ownership 8 4

5 Overview of Cambodian Land Registra4on (1) Youth volunteer land registration Systematic land registration - Sporadic land registration Sporadic land registration No land registration 9 Overview of Cambodian Land Registra4on (2) Now - Systematic land registration (Compulsory) - Sporadic land registration (Voluntary) Sporadic land registration started with the Land Law (Voluntary) Sporadic land registration started with the Gov t Instruction (Compulsory) 10 5

6 Background of Sporadic Land Registra4on (1) June 3, 1989: Call for land applications January 17, 1990: Delay of land applications reception First call for land applications Extension of land applications Now? June 1989 December 1989 January 1990 July Output of Land Applica4ons June 1989 July 1990 = 3.7 million land applications (approx. 70% of the total land parcels) (Instruction on the Amendment of Instruction No.03SNN dated June 03, 1989 of the Council of Ministers, No. 03SNN, December 08, 1990) 12 6

7 Development of Land Cer4ficates The name of possessory land certificates has been developed as below: Now certificate of immovable property certificate of land occupancy and use 13 Procedure of Sporadic Land Registra4on (1) Before Jan District Office of Land Construction and Land Landholder Commune! Provincial Department of Land Construction and Cadastre Ministry of Land Management, Urban Planning and Construction 14 7

8 Procedure of Sporadic Land Registra4on (2) After Jan District Office of Land Construction and Land Landholder Commune! Provincial Department of Land Construction and Cadastre 15 Signature Delega4on Power to Provinces (1) 16 8

9 Signature Delega4on Power to Provinces (2) 17 Characteris4cs of Sporadic Land Registra4on Sporadic land registration has generally provided possessory land certificate due to the following reasons: No cadastral index map but sporadic index map Coordination may not be clear The land parcel is registered in immovable register Sporadic index map Mrs. Bopha Road Mr. Chum Mr. Dara 18 9

10 Output of Sporadic Land Registra4on Number of certificates Apr Apr Apr. Apr May Discussion What do you think about sporadic land registration so far? 20 10

11 Thank you!!! Ques4ons and Answers Contact: