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Land Law_010430

Published: 2011 Sep 19

The Khmer version is the official version of this document.

Document prepared by the MLMUPC Cambodia,
supported by ADB TA 3577 and LMAP TA GTZ.

Table of Contents1

GENERAL PROVISIONS……………………………………………………………………………….. 1
TITLE I – PRIVATE AND PUBLIC OWNERSHIP ……………………… 2
CHAPTER 1 – PRINCIPLES OF OWNERSHIP………………………………………………………………………………….. 3
CHAPTER 2 – PUBLIC OWNERSHIP …………………………………………………………………………………………………… 5
CHAPTER 3 – COLLECTIVE OWNERSHIP…………………………………………………………………………………… 8
Part 1: Monastery Immovable Property …………………………………………………………………………………………………….. 8
Part 2: Immovable Property of Indigenous Communities…………………………………………………………………………………… 8
TITLE II – ACQUISITION OF OWNERSHIP ………………………………… 10
CHAPTER 4 – RECONSTITUTION OF OWNERSHIP OVER IMMOVABLE PROPERTY OWNERSHIP BY EXTRAORDINARY
ACQUISITIVE POSSESSION…………………………………………………………………………………… 10
CHAPTER 5 –LAND CONCESSIONS ……………………………………………………… 14
CHAPTER 6 – MEANS OF ACQUISITION OF OWNERSHIP……………………….. 17
Part 1 – Acquisition through Sale of Immovable Property ……………………….17
Part 2 – Acquisition by Exchange of Immovable Properties…………………….. 18
Part 3 – Acquisition by Succession ……………………………………………………… 19
Part 4 – Acquisition by Gift ……………………………………………………………….. 20
TITLE III – THE REGIME OF PRIVATE OWNERSHIP …………………. 21
CHAPTER 7 – RIGHTS AND OBLIGATIONS OF OWNERS………………………….. 21
Part 1 – Enjoyment of the Benefits of Ownership ……………………………………. 21
Part 2 – Accession to Fruits and Products of Ownership ………………………….. 22
Part 3 – Accretion of Ownership………………………………………………………………………………………. 23
Sub-part 1 – Accretion by Human Acts …………………………………………………23
Sub-part 2 – Accretion by Nature …………………………………………………………23
Part 4 –Leases on Immovable Property………………………………………………… 25
Part 5 – Land Rules …………………………………………………………………………… 27
CHAPTER 8 – LIMITED PROPRIETARY RIGHTS……………………………………… 27
Part 1 – Usufruct……………………………………………………………………………….. 27
Part 2 – The Rights to Use and Habitation………………………………………………. 30
Part 3 – Easements ……………………………………………………………………………. 31
Sub-part 1 – Easements by Nature …………………………………………………………31
Sub-part 2 – Easements by Law…………………………………………………………….32
Sub-part 3 – Easements by Contract ……………………………………………………..34
Sub-part 4 – Cessation of Easements ……………………………………………………..35
TITLE IV – THE FORMS OF OWNERSHIP……………………………………… 35
CHAPTER 9 –UNDIVIDED OWNERSHIP ………………………………………………… 35
CHAPTER 10 – CO-OWNERSHIP …………………………………………………………… 37
CHAPTER 11 – JOINT-OWNERSHIP ………………………………………………………. 39
Part 1 – Jointly-owned walls………………………………………………………………… 40
Part 2 – Jointly-owned ditches, fences and dikes……………………………………… 41
TITLE V – IMMOVABLE PROPERTY USED AS SURETY………………… 41
CHAPTER 12 – MORTGAGE …………………………………………………………………. 41
CHAPTER 13 – ANTICHRÈSE……………………………………………………………….. 43
CHAPTER 14 – GAGE …………………………………………………………………………. 45
Note:  This Table of Contents is not part of the Land Law itself, but has been included to make the law more
accessible.  Editors
The Khmer version is the official version of this document.
TITLE VI – CADASTRE………………………………………………………………… 46
CHAPTER 15 – CADASTRAL ADMINISTRATION …………………………………… 46
CHAPTER 16 – CADASTRAL SURVEYS…………………………………………………. 48
CHAPTER 17 –CADASTRAL REGISTER AND DOCUMENTS……………………….. 49
CHAPTER 18 – CADASTRAL TITLES AND INFORMATION ……………………….. 50
TITLE VII – PENALTY PROVISIONS ……………………………………………. 51
CHAPTER 19 – INFRINGEMENTS ON OWNERSHIP………………………………….. 51
Part 1 – Infringements against Public or Private Property Committed by individuals ………………………… 52
Sub-part 1 – Infringements against private ownership…………………………….52
Sub-part 2 – Infringements against the Public Property…………………………..53
Part 2 – Infringements against public or private property by administrative authorities……………………… 53
TITLE VIII – FINAL PROVISIONS ……………………………………………… 55

The Khmer version is the official version of this document.

NS/RKM/0801/14

PREAH REACH KRAM
We, Preahbath Samdech Preah Norodom Sihanouk
Reach Harivong Uphato Sucheat Visothipong Akamohaborasrat
Nikarosdom Thammik Mohareachcheathireach Boromaneat
Boromabopit Preah Chau Krong Kampuchea Thipdey

–  Referring to the Constitution of the Kingdom of Cambodia
–  Referring to the Royal Decree No NS/RKT/1198/72 of November 30, 1998 on the Formation of the
Kingdom of Cambodia,
–  Referring to the Preah Reach Kram No 02/NS/94 of July 20, 1994 promulgating the Law on the
Organization and Functioning of the Council of Ministers,
–  Referring to Preah Reach Kram No NS/RKM/0699/09 of September 23, 1999 on the Establishment of the
Ministry of Land Management, Urban Planning and Construction,
–  Referring to the proposal of the Prime Minister of the Kingdom of Cambodia.

It is Hereby Promulgated

The land Law which was passed by the National Assembly on July 20, 2001 during the sixth session  of its
second legislature and was adopted completely on the form and its legal substances by the Senate on August 13,
2001 during the fifth session of its first legislature the whole meaning of which shall be as follows:

Notes on Changes to Translation:  This note explains the changes that have been made since the October 18,
2001 translation was released.
x Article 1, ¶ 1, and Article 4, correct typographical errors.
x Article 5, add words from Khmer to indicate “advance” payment.
x Article 10, ¶4, insert words from Khmer, “named common parts”.
x Article 11, ¶ 2, clarify “derogation” rather than exemption to law.
x Articles 12, insert the word “or” in the third line, consistent with the Khmer.
x Article 13, delete the word “public” from “public legal entities,” to conform with the Khmer.
x Articles 14, 15 ¶2, 17 ¶2, and 19 ¶2, technical and typographical corrections.
x  Article 19 ¶ 3, change, consistent with the Khmer, to “cease illegal occupation” and that the authority “may
begin the process to evict offender.”
x Articles 21, 22 and 23, correct technical and typographical errors.
x Article 47, Clarifications consistent with the Khmer and clarifications on the use of “shall” and “may.”
x Article 49 ¶ 2, and 51, change “or” to “and/or” consistent with the Khmer.
x Article 237, change translation note to be consistent with the words used in the law.

General Provisions

Editor’s notes:  Definitions of English language
words taken from Webster’s Third New
International Dictionary of the English Language,
unabridged, Merriam-Webster, USA (1993), after
this, Webster’s International Dictionary.

Legal definitions taken from Black’s Law
Dictionary.

Article 1:
This law has the objective to determine the regime of ownership for immovable properties in
the Kingdom of Cambodia for the purpose of guaranteeing the rights of ownership and other The Khmer version is the official version of this document.
rights related to immovable property, according to the provisions of the 1993 Constitution of
the Kingdom of Cambodia.

Article 2:
Immovable property within the meaning of this law includes immovable property by nature,
immovable property by purpose and immovable property by law:

–  Immovable property by nature means all natural grounds such as forest land, cleared land,
land that is cultivated, fallow or uncultivated, land submerged by stagnant or running
waters and constructions or improvements firmly affixed to a specific place created by
man and not likely to be moved;
–  Immovable property by purpose means things fixed to the ground or incorporated into the
constructions and which cannot be separated there from without damaging them or
altering them, such as trees, decorative attachments, as well. .
–  Immovable property by law means all rights in rem over immovable and movable
properties that are defined by law as immovable property.

Translation notes:
Point 1.  This translation uses the word
“construction” for the Khmer term [  ], meaning
something that has been built, or structures.

The Khmer term [  ]    literally translates
“something made and firmly affixed to a specific
place created by man and not likely to be moved.”
This translation uses the term “improvement,”
which means “a permanent addition to or
betterment of real property that enhances its capital
value and is designed to make the property more
useful or valuable as distinguished from ordinary
repairs.”  Webster’s International Dictionary.

Point 2.  The common English term for
“immovable property by purpose” is “fixtures.”

Article 3
All persons shall respect the property of the State and legally acquired private property.

The management of the cadastral administration of immovable property belonging to the
State and the competence to issue titles related to immovable property throughout the
Kingdom of Cambodia are under the authority of the Ministry of Land Management, Urban
Planning and Construction.

The regulations and procedures for the administration of State immovable properties will be
determined by sub-decree.

Translation note:  The word “persons” used in the
first sentence is based on the Khmer word [  ],
which includes natural and legal persons.  Compare
with the terms used in article 9.

Explanatory note: This article is based on article
50, paragraph 2 of the Constitution of the Kingdom
of Cambodia.

TITLE I – PRIVATE AND PUBLIC OWNERSHIP

Explanatory note:  The words “ownership” and
“property” can mean the same thing in English –
the exclusive right to own, possess and dispose of
something.  The word “property” also means the The Khmer version is the official version of this document.
thing or object that a person owns.  In this
translation, the word “ownership” is used for the
Khmer word [  ] to mean the right to own, possess
or dispose, and the word “property” is used for the
Khmer term [  ] to mean the object (land,
structures, etc.)

Chapter 1 – Principles of Ownership


Article 4
The right of ownership, recognized by Article 44 of the 1993 Constitution, applies to all
immovable properties within the Kingdom of Cambodia in accordance with the conditions set
forth by this law.

Article 5
No person may be deprived of his ownership, unless it is in the public interest.  An ownership
deprivation shall be carried out in accordance with the forms and procedures provided by law
and regulations and after the payment of fair and just compensation in advance.

Translation note:  The word “persons” used in the
first sentence is based on the Khmer word [  ],
which includes natural and legal persons.

Compare with the terms used in article 9.

The requirement under this article is based on
Article 44 ¶3 of the Constitution.

Article 6
Only legal possession can lead to ownership.

The State may also provide to natural persons or legal entities of Khmer nationality
ownership over immovable property belonging to the State within the strict limits set forth in
this law.

All transfers or changes of the rights of ownership shall be carried out in accordance with the
required general rules for sales, succession, exchange, gift or by court decision.

Article 7
Any regime of ownership of immovable property prior to 1979 shall not be recognized.

Article 8
Only natural persons or legal entities of Khmer nationality have the right to ownership of
land in the Kingdom of Cambodia.

Thus, the following persons or entities may be owners of land in Cambodia: Cambodian
citizens, public territorial collectives, public institutions, Cambodian communities or
associations, public enterprises, Cambodian civil or commercial enterprises and any
Cambodian organization which is recognized by law as a legal entity.
The Khmer version is the official version of this document.
A foreigner who falsifies national identity to become an owner of land in Cambodia shall be
punished as determined under article 251 of this law. Any property bought under these
circumstances will be seized as State property without compensation from the State.

Explanatory notes:  This article refers to the
ownership of “land,” as distinguished from other
types of “immovable property.”

Article 9
An enterprise registered in Cambodia, in respect of which 51% or more of the shares are held
by natural persons of Cambodian nationality or by Cambodian legal entities recognized
pursuant to the laws of Cambodia, may be the owner of land. Only percentages stipulated in
the articles of incorporation are taken into account. Any private agreement signed by a
shareholder that is contrary to this article is null and void.

If percentages stipulated in the articles of incorporation are changed in a way that it [the
enterprise] ceases to be Cambodian, the enterprise has the obligation to amend the articles of
incorporation to comply with the actual circumstances and shall inform to the competent
institutions of such amendment according to the laws in force.

Explanatory notes:  The phrase “articles of
incorporation” refers to the written agreement that
sets out the purposes and other terms and
conditions of a business enterprise or corporation.
Some jurisdictions use the phrase “statutes.”  The
phrase “articles of incorporation” is always used in
the plural, and it should not be confused with the
word “article” used in the last sentence of
paragraph 1.

Article 10
Ownership by a person, whether natural or legal, is individual ownership.

Ownership by a group of persons exercising their prerogatives through a legal way regulated
for such ownership is collective ownership.

Ownership by several identifiable individuals collectively exercising their rights over the
entire property is undivided ownership.

Ownership by several persons exercising exclusive rights over certain parts of the property,
and [where] the other parts, named common parts, are subject to legal rules or contractual
agreement, is co-ownership.

The types of each ownership shall be determined by specific provisions concerning such
ownership.

Article 11
The legal regime for ownership of immovable property varies in accordance with the
requirements of the Cambodian society, such as agricultural land, forests, waterways, lakes, The Khmer version is the official version of this document.
reservoirs or expanses of water, seashores, riverbanks, urban immovable property, and land
for construction of industrial development zones.

Specific laws shall supplement the provisions of this law or shall derogate this law in order to
meet socio-economic, land management and urban planning exigencies.

Regulations may, in compliance with legislative provisions, stipulate the details of these
various property regimes.

Chapter 2 – Public Ownership

Article 12
The State is the owner of the properties in the territory of the Kingdom of Cambodia
enumerated in Article 58 of the 1993 Constitution and of all properties that are escheat, or
that are voluntarily given to the State by their owners, or that have not been the subject of due
and proper private appropriation or that are not presently being privately occupied in
accordance with the provisions of Chapter 4 of this law.

Article 13
Besides the State, public territorial collectives, public institutions and any legal persons or
entities recognized as such by public law may be owners of immovable property, within the
conditions determined by this chapter.

Article 14
Some of this property belonging to the State or to public territorial collectives, subjected to a
special legal regime, is public property of public legal entities.  Other property, which is
managed as private property and may be the object of transactions, is private property of
public legal entities.

Article 15
The following property falls within the public property of the State and public legal entities:

–  Any property that has a natural origin, such  as forests, courses of navigable or floatable
water, natural lakes, banks of navigable and floatable rivers and seashores:
–  Any property that is specially developed for general use, such as quays of harbors,
railways, railway stations and airports;
–  Any property that is made available, either in its natural state or after development, for
public use, such as roads, tracks, oxcart ways, pathways, gardens and public parks, and
reserved land;
–  Any property that is allocated to render a public service, such as public schools or
educational institutions, administrative buildings and all public hospitals;
–  Any property that constitutes a natural reserve protected by the law;
–  Archeological, cultural and historical patrimonies;
–  Immovable properties being royal properties that are not the private properties of the
royal family. The reigning King manages royal immovable properties.
The Khmer version is the official version of this document.

 

Translation note:  The phrase [  ] has been
translated as “floatable.”  The literal translation of
the Khmer term is “accessible by ship or raft.”  The
common meaning of the English term “floatable” is
“a waterway suitable for the transport of floating
objects.”  Webster’s Third New International
Dictionary.

Article 16
State public property is inalienable and ownership of those properties is not subject to
prescription.

State public properties cannot be acquired by the special acquisition provisions of Chapter 4
of this law.

State public property may, however, be the subject of authorizations to occupy or use that are
temporary, precarious and revocable in the case the various fee/tax obligations are not
complied with except as permitted in Chapter 3 of this law. Such authorizations cannot be
transformed into ownership or rights in rem for the benefit of the holder.

When State public properties lose their public interest use, they can be listed as private
properties of the State by law on transferring of state public property to state private property.

Translation note:  The word “precarious” in
paragraph 3 is based on the French, and is used in
the same sense as article 43, to mean the right to
use or occupy the land can be revoked.

Article 17
The property belonging to the private property of the State and of public legal entities may be
the subject of sale, exchange, distribution or transfer of rights as it is determined by law.

Such property may be leased out and it may be the subject of any contract made properly
according to the law.

The conditions and procedures related to the sale and the management of the private property
of the State and public legal entities shall be determined by a sub-decree. No sale shall be
made in the absence of the said sub-decree. Lands within the State private property may be
the subject of a concession pursuant to the conditions set forth in Chapter 5 of this law.

From the date this law becomes effective, no more encroachment of land can take place
within the private property of the State and public legal entities, even if it complies with
Chapter 4 of this law.

However, vacant lands of the State private domain may be distributed to persons
demonstrating need for land for social purposes in accordance with conditions set forth by
sub-decree.
The Khmer version is the official version of this document.
Article 18
The following are null and void and cannot be made legal in any form whatsoever:
–  any entering into possession of public properties of the State and public legal entities and
any transformation of possession of private properties of the State into ownership rights
that was not made pursuant to the legal formalities and procedures that had been
stipulated prior to that time, irrespective of the date of the creation of possession or
transformation;
–  any transformation of a land concession, into a right of ownership, regardless of whether
the transformation existed before this law came into effect, except concessions that are in
response to social purposes;
–  any land concession which fails to comply with the provisions of Chapter 5;
–  any entering into possession of properties in the private property of the State, through any
means, that occurs after this law comes into effect.

Translation note:  The term “formalities” in point
one is based on the Khmer term [lixitbTdæan] [likhet
botthan], which means literally, document,
standard.  One accepted meaning for this term is
“document containing standards.”

Article 19
Persons whose title or factual circumstances fall within the scope of article 18 of this law
shall not have the right to claim compensation or reimbursement for expenses paid for the
maintenance or management of immovable property that was illegally acquired.

Any illegal and intentional or fraudulent acquisition of public properties of the State or of
public legal entities shall be penalized pursuant to article 259 of this law.

The penalties shall be doubled where any acquisition of land from the public properties
causes damage or delay to works undertaken in the general interest, in particular any
acquisition of roadway reserves.

In all cases, if an offender does not cease his illegal occupation within the time limit set by
the competent authority, the authority may begin the process to evict the offender from the
land.

Explanatory note:  The roadway reserves referred
in the third paragraph are defined in Declaration of
the Council of Ministers No. 6 on the eradication of
anarchy related to encroachment on occupied land,
dated 2 September 1999, paragraph 8.

The Khmer version is the official version of this document.

Chapter 3 – Collective Ownership

Part 1: Monastery Immovable Property
Article 20
Immovable properties of land and structures existing within the premises of Buddhist
monasteries are a patrimony allocated in perpetuity to the Buddhist religion and are available
to its followers, under the care of the Pagoda Committee.

Article 21
Monastery immovable property cannot be sold, exchanged or donated and is not subject to
prescription.

Monastery immovable property may be rented or sharecropped on condition that the income
from such rental or sharecropping shall be used only for religious affairs.

The protection of this property shall be ensured by a representative of the pagoda committee.
Procedures to select the pagoda committee and its representatives to protect the pagoda’s
interest shall be determined by a Prakas of the Ministry of Cults and Religions.

Article 22
Religious places and properties of other religious beliefs shall not be subject to the regime
provided by Article 20 and 21 of this law.  Those properties shall be managed by an
association of persons of these religions created under the provisions of law.

Part 2: Immovable Property of Indigenous Communities

Translation note:  The literal translation of the
Khmer is “original ethnic minorities.”

Article 23
An indigenous community is a group of people that resides in the territory of the Kingdom of
Cambodia whose members manifest ethnic, social, cultural and economic unity and who
practice a traditional lifestyle, and who cultivate the lands in their possession according to
customary rules of collective use.

Prior to their legal status being determined under a law on communities, the groups actually
existing at present shall continue to manage their community and immovable property
according to their traditional customs and shall be subject to the provisions of this law.

Article 24
An individual who meets the ethnic, cultural and social criteria of an indigenous community,
is recognized as a group member by the majority of such group, and who accepts the unity
and subordination leading to acceptance into the community shall be considered to be a The Khmer version is the official version of this document.
member of the indigenous community and is eligible to have the benefit of the rights,
guarantees and protections provided by this law.

Article 25
The lands of indigenous communities are those lands where the said communities have
established their residences and where they carry out traditional agriculture.

The lands of indigenous communities include not only lands actually cultivated but also
includes reserved necessary for the shifting of cultivation which is required by the
agricultural methods they currently practice and which are recognized by the administrative
authorities.

The measurement and demarcation of boundaries of immovable properties of indigenous
communities shall be determined according to the factual situation as asserted by the
communities, in agreement with their neighbors, and as prescribed by procedures in Title VI
of this law and relevant sub-decrees.

Article 26
Ownership of the immovable properties described in Article 25 is granted by the State to the
indigenous communities as collective ownership. This collective ownership includes all of
the rights and protections of ownership as are enjoyed by private owners.  But the community
does not have the right to dispose of any collective ownership that is State public property to
any person or group.

The exercise of all ownership rights related to immovable properties of a community and the
specific conditions of the land use shall be subject to the responsibility of the traditional
authorities and mechanisms for decision-making of the community, according to their
customs, and shall be subject to the laws of general enforcement related to immovable
properties, such as the law on environmental protection.

The provisions of this article are not an obstacle to the undertaking of works done by the
State that are required by the national interests or a national emergency need.

Article 27
For the purposes of facilitating the cultural, economic and social evolution of members of
indigenous communities and in order to allow such members to freely leave the group or to
be relieved from its constraints, the right of individual ownership of an adequate share of land
used by the community may be transferred to them.

Immovable property that is subject to such private individual ownership cannot fall under the
general definition of public properties of the State.

Article 28
No authority outside the community may acquire any rights to immovable properties
belonging to an indigenous community.
The Khmer version is the official version of this document.
TITLE II – ACQUISITION OF OWNERSHIP

Chapter 4 – Reconstitution of ownership over immovable property ownership by
extraordinary acquisitive possession


Article 29

In the scope of reconstituting ownership over immovable property in Cambodia after the
period of crisis from 1975 to 1979, and with no subordination to the general rules of
prescription related to ownership of immovable property, on an exceptional basis, possession
of immovable property which was recognized since 1989 may constitute a right in rem over
immovable property and may lead to the acquisition of ownership by the holder of the
property, in accordance with the conditions set by this law

Any beginning of occupation for possession shall cease when this law comes into effect.

Article 30
Any person who, for no less than five years prior to the promulgation of this law, enjoyed
peaceful, uncontested possession of immovable property that can lawfully be privately
possessed, has the right to request a definitive title of ownership.

In case the granting of a definitive title to ownership is subject to an opposition, the claimant
has to prove that he himself fulfills the conditions of peaceful, uncontested possession for no
less than five years over the contested immovable property or to prove that he purchased the
immovable property from the original possessor or his legal beneficiary or from the person to
whom the ownership was transferred, or from their successors.

Article 31
Any person who had been enjoying possession before this law came into force may be
authorized by the competent authority, if such person fulfils all requirements to become an
owner of the property, to extend his possession until he attains the legally prescribed period
of five years, after which he will obtain a definitive title of ownership.  The authorization to
extend for the sufficient period of time cannot be denied by the competent authority if the
possession is peaceful and uncontested.

A competent authority that improperly refuses an authorization to extend the time is
personally liable.

The improper recognition by competent authority of a possession that is not in accordance
with the legal requirements is considered null and void. The authority that has given the
abusive recognition shall be personally liable before the law.

Translation note:  The terms “improperly” and
“improper” in this article are based on the French
equivalents of “abusively” and “abusive.”  The
terms are used to convey the meaning of actions
that constitute an abuse of authority.

The Khmer version is the official version of this document.
Article 32
Immovable property cannot become the ownership of the occupant under this law in a case
where the possessor does not fulfill the conditions of the law because of his status of
speculative possessor or because of his behavior as a possessor who hides himself or
possessor by force.

Such immovable property will revert to the State and no person may any longer enter in its
possession for acquisition of ownership under this chapter.

Article 33
If the immovable property is taken violently or by abuse of power of the authorities, the
property shall revert to the State and it cannot be the subject of any new possession if there is
no claim from the lawful possessor of the immovable property of which he was dispossessed.
The claim is barred at the end of 3 years from the date of proclamation of dispossession by
the State.

Explanatory note:  When property is taken by
violence or by an abuse of power by authorities, the
property reverts to the State.  This article assumes
that this reversion takes place after the State issues
a proclamation that takes away the possession of
the wrongful takers — that is, a proclamation of
dispossession.  The property becomes the property
of the State unless the lawful possessor files a
claim asserting that he was violently or improperly
dispossessed of the property.  This claim must be
filed within 3 years after the State issues the
proclamation to dispossess the wrongful takers.

Article 34
After this law comes into force, any new occupant without title to an immovable property
belonging to public bodies or private persons shall be considered as an illegal occupant and
shall be subject to the penalties provided in Article 259 of this law.

Article 35
Only the competent authorities may, on behalf of the State and public legal entities, force
occupants without title or insufficient titles to vacate the immovable property.

Individuals or authorities not acting on behalf of the State or public legal entities are not
competent to remove forcibly a peaceful occupant holding valid title. Removal can only be
made by court’s order upon the claim of the person who claims the property.

Courts must verify the form, origin, date and conditions of the title presented. They may not,
however, refuse to order the removal of an occupant in favor of a person who presents a valid
and complete cadastral title.

Article 36
If the eviction ordered by a court is likely to give rise to instability or to have serious social
repercussions, the competent authorities may request a temporary suspension of the execution
of the order.
The Khmer version is the official version of this document.

Article 37
The acquisition of ownership of immovable property through possession may only be
obtained for the benefit of persons who have occupied the immovable property in compliance
with the conditions of this law.  The acquisition cannot be made for the benefit of a
fraudulent possessor.

Article 38
In order to transform into ownership of immovable property, the possession shall be
unambiguous, non-violent, notorious to the public, continuous and in good faith.

The possessor shall occupy the land unambiguously means that, whether it is exercised by
himself or by somebody else on his behalf, the possessor has to possess in his capacity as
exclusive possessor acting on purpose for himself but not on the basis of some other rights. If
the real possessor remains hidden behind an ostensible possessor, he cannot claim a title of
possession allowing acquisition of ownership.  His possession is null and void.

The possessor shall occupy the land an non-violently means that any possession originated
through violence is not considered conform to the law. However, if violence is used against
third parties that try to get the immovable property without right to do it, such violence does
not interfere on the possession initially peacefully acquired.

The possessor shall occupy the land notoriously to the public means that the possessor has to
possess without hiding himself to those who could want to contest his rights on the
immovable property and are not able to see him or to determinate who he was.

The possessor shall occupy the land continuously means that the possessor has to act in a
normal expected regular way during the required time to claim acquisition of ownership. The
fact that occupation is interrupted for short periods of time or that the land is left uncultivated
to recover fertility does not constitute an obstacle to acquisition of ownership.

The possessor shall occupy the land in good faith means that the possessor is not aware of
any possible rights of third parties over the property that the possessor has been possessing.

Article 39
While waiting for the possession to be transformed into full ownership, possession in
compliance with this law constitutes a right in rem over the immovable property. Such
property may be the subject of exchange, transfers of rights and transactions.

Article 40
While waiting for the reconstitution of the cadastral plan and land register, the competent
authorities shall continue to issue titles of possession to the immovable property.

The title is evidence of possession but is not in itself a title of ownership and is not
indisputable.  [lixit] The Khmer version is the official version of this document.

The titles of possession shall only constitute definitive and indisputable title of ownership of
the property in the absence of any dispute as to the ownership of the property at the time the
land register is created.

In case of a disputed claim, the determination of the lawful possessor of the immovable
property shall be based on the additional investigation of all relevant evidence.  A title of
possession to an immovable property is one kind of evidence but is not in itself
determinative.

Translation notes:  In paragraph 2, the term
“indisputable” is used for the Khmer term [lixit].
This term can refer to a document or act that is
official, the validity of which cannot be challenged.

Explanatory notes:  The “land register” referred to
in this article is created at the time of systematic
registration under article 229.  In paragraph 3,
definitive and indisputable title can be obtained
only at the time the land register is created (and
then, only in the absence of a dispute).

Article 41
The issuance of a title of possession to immovable property, which cannot be privately
appropriated or which is not possessed in accordance with the law, is prohibited.

Article 42
Notwithstanding the foregoing, any person who, due to ignorance or negligence, failed to
register his possession has the right to the protections of Article 29, Article 30, and Article 31
of this law.

Article 43
In no case can the public property of the State be the subject of acquisition of ownership.

The situation of an occupant of State public property remains precarious and illegal if such
occupation was not authorized in the manner determined by this law.

An illegal occupant shall be forced to vacate the premises immediately and shall be punished
in accordance with Article 259 of this law.

An illegal occupant is not entitled to any indemnity for any works and improvements carried
out on the immovable property.

Translation note:  The word “precarious” in
paragraph 2 is based on the French, and is used in
the same sense as article 16, to mean the right to
use or occupy the land can be revoked.

Article 44
A title of possession to immovable property, which is the public property of the state or
public legal entities, issued by the competent authorities to a private person is null and void.
The Khmer version is the official version of this document.

Any official who issues such title shall be liable under civil and criminal codes.  Any
authority that is aware of such illegality and fails to take an action shall be considered an
accomplice and is liable to the same penalties as the person who commits the offence.

Article 45
If the competent authorities refuse to issue a title of possession to immovable property, the
holder of the immovable property may file a complaint with the Ministry of Land
Management, Urban Planning and Construction.

Article 46
The issuance of a title of possession to immovable property by the competent authorities to
any person other than the real possessor occupying the land, constitutes an offense and shall
be subject to the penalties specified in Article 261 of this law.

Article 47
Disputes over an immovable property between possessors shall be [neung trov] submitted for
investigation and resolution under determined procedures. The results of the investigation
shall be submitted to the Cadastral Commission created at the Ministry of Land Management,
Urban Planning and Construction.  This Commission shall make decisions [s’kedai samrach] on these disputes.  In case of dissatisfaction with the result, the disputants may [ach] complain to the court.  The organization and functioning of this Commission shall be
determined by sub-decree.

Translation note:  The phrase “shall be” in the first
sentence is based on the Khmer term “neung trov.”
see Article 237 regarding the role of the cadastral
officer and the Administrative Commission to
conciliate [samroh samroul] disputes.

Chapter 5 –Land Concessions

Article 48
A land concession is a legal right established by a legal document issued under the discretion
of the competent authority, given to any natural person or legal entity or group of persons to
occupy a land and to exercise thereon the rights set forth by this law.

Article 49
Land concessions shall respond to a social or economic purpose.

Land concessions responding to a social purpose allow beneficiaries to build residential
constructions and/or to cultivate lands belonging to the State for their subsistence.

Land concessions responding to an economic purpose allow the beneficiaries to clear the land
for industrial agricultural exploitation of land in the territory of the Kingdom of Cambodia.
The Khmer version is the official version of this document.

Article 50
There may be several other kinds of concessions such as authorizations for the use,
development or exploitation of State land, whether or not related to rendering a public
service, such as mining concessions, port concessions, airport concessions, industrial
development concessions, fishing concessions. These concessions do not fall within the scope
of the provisions of this law.

Translation note:  The term “mining concession”
is based on the Khmer words that mean “pit and
quarry.”  The Khmer term fishing “licenses” has
been translated to fishing “concessions.”

Article 51
A land concession may not be gratuitously granted except for the concession responding to a
social purpose given to poor families to establish residences for themselves and/or to develop
subsistence cultivation.

Article 52
A land concession may only create rights for the term fixed by the concession contract in
accordance with the provisions of this law.

A land concession cannot establish ownership rights on the land provided for concession
except for concessions responding to social purposes.

Article 53
A land concession can never result from a de factor occupation of the land. The land
concession must be based on a specific legal document, issued prior to the occupation of the
land by the competent authority, such as the State or a public territorial collectives or a public
institution that is the owner of the land on which the concession is being granted. The
concession must be registered with the Ministry of Land Management, Urban Planning and
Construction.

Article 54
A land concession is conditional.  It must comply with the provisions of this law that are
provisions of public order.

The concession document may further contain other specific clauses that have contractual
force.

Translation note:  The phrase “provisions of
public order” is based on the French, and refers to
provisions that are mandatory and may not be
derogated in any way.  Government officials and
courts may not disregard public order provisions.

The Khmer version is the official version of this document.
Article 55
A land concession is revocable through governmental decision when its legal requirements
are not complied with.

The concessionaire is entitled to appeal these decisions in compliance with the procedures
provided by law.

A court may cancel the concession if the concessionaire does not comply with specific
clauses specified in the contract.

Article 56
The rights of a concessionaire on conceded land during the period of the concession are the
rights attributed to an owner, save for the right to alienate. The concessionaire is entitled, in
particular, to the protection of his rights by the competent authorities.

A concessionaire may defend the land which he has been given in concession, against
encroachment or infringement, irrespective of its forms.

A concessionaire may take the fruits of the land [and] carry out any agricultural
developments in accordance with the intended purpose of the concession.  The
concessionaires may not make any alteration to the intended purpose of the land that causes
damage affecting its natural structure or exploit it in such a way that it is destroyed at the end
of the concession.

Article 57
Conceded land cannot be transferred through alienation.  A transfer of conceded land can
only result from the creation by the competent authorities of a new concession contract for
the benefit of the new concession titleholder.

In the case of the death of a concessionaire, his successors may continue, if they so wish, to
exercise his rights during the remaining period of the concession.

Article 58
A land concession can only be granted on lands that are part of the private property of the
State.

The land concession may not violate roadways or transportation ways or sidewalks or their
borders and the ground necessary for their maintenance, nor to waterways, pools, ponds and
water reserves to be used by the people in their daily lives.

Article 59
Land concessions areas shall not be more than 10,000 hectares.

Existing concessions which exceed such limit shall be reduced. However, if such reduction
would result in compromising the exploitation in progress, a concessionaire may obtain a
specific exemption. The procedures for reductions and specific exemptions shall be
determined by sub-decree. The Khmer version is the official version of this document.

The issuance of land concession titles on several places relating to surface areas that are
greater than those authorized by the first paragraph in favor of one specific person or several
legal entities controlled by the same natural persons is prohibited.

Article 60
The procedure for granting land concessions for residences as well as land concessions for
agricultural subsistence or for industrial agricultural exploitation shall be determined by sub-
decree.

Article 61
The maximum duration of a land concession is limited to ninety-nine years.

Article 62
Any land concession created for the purpose of industrial cultivation must be exploited within
twelve months after issuance of the concession. If this is not complied with, it [the
concession] will be considered as cancelled.

Any failure to exploit [lasting] longer than 12 months, without proper justification, shall be
grounds for cancellation of the concession.

All land concessions granted before this law has come into force that are not exploited within
12 months after this law comes into force shall be cancelled.

Any failure by a concessionaire to fulfill the conditions attached to the concession charges
book shall be grounds to withdraw the concession.

In the case of withdrawal of a concession, for whatever reason, the concessionaire is not
entitled to claim any compensation for any damage.

Chapter 6 – Means of Acquisition of Ownership

Article 63
The transfer of ownership of immovable properties between private persons by purchase,
exchange, gift or succession shall be implemented in accordance with the provisions of the
law.

Part 1 – Acquisition through Sale of Immovable Property
Article 64
The contract of sale of immovable property is a contract that allows the transfer the right of
ownership of an immovable property from the seller to the purchaser in consideration of
payment of a purchase price of the immovable property by the purchaser to the seller.
The Khmer version is the official version of this document.
Article 65
The transfer of ownership can be enforceable as against third parties only if the contract of
sale of immovable property is made in writing in the authentic form drawn up by the
competent authority and registered with the Cadastral Registry Unit.

The contract of sale itself is not a sufficient legal requirement for the transfer of the
ownership of the subject matter.

Article 66
A person with Khmer nationality and with capacity to enter into a contract may sell or
purchase immovable property.

However, the following persons may not sell:
–  a person who is not owner of the property offered for sale;
–  a joint-owner of an undivided property without the consent of the other joint owners;
–  a person whose immovable property is the subject of seizure.

The following persons may not purchase:
–  a guardian cannot purchase the property of his ward;
–  a curator cannot purchase the property he administers;
–  judges or government officers cannot purchase the property over which they have
jurisdiction or that they were charged to sell;
–  A person whose property is under foreclosure cannot purchase this property.

Article 67
Any sale between spouses is null and void.

Article 68
The seller shall guarantee to the purchaser, by contract, than the immovable property sold is
free of any significant latent defects [and] if not, such sale shall be subject to rescission.

Article 69
The transfer of ownership shall be considered valid upon the registration of the contract of
sale with the Cadastral Registry Unit. The selling price shall be stated in the contract [and] if
not the contract shall be considered null and void.

A contract of sale of immovable property shall be registered only when all parties have
proven by evidence that all taxes on the subject property have been paid.

Part 2 – Acquisition by Exchange of Immovable Properties
Article 70
An exchange of immovable properties is a contract in which the parties agree to exchange
immovable properties with each other.
The Khmer version is the official version of this document.

An exchange of immovable properties leads to transfer of immovable property ownership. An
exchange shall be conducted with the same conditions as a sale.

Part 3 – Acquisition by Succession
Article 71
A transfer may be made by way of intestate succession or by inheritance by will or by
bequest, for the following immovable properties:

–  immovable property the ownership title of which has been definitely established in
accordance with the provisions of this law,
–  any possession in compliance with the law, evidenced by a title, by a legal document or
other kinds of evidence,
–  any limited proprietary right and any right in rem over immovable property

Article 72
In the case of succession, the necessary duration of possession of an immovable property for
the acquisition of full ownership, as provided by Article 30 and Article 31 of the present law,
shall be calculated from the time of entry into possession by the deceased.

Article 73
Immovable property that has actually been possessed only and has not been registered or
recorded by a governmental certificate, but was legally occupied in accordance with the legal
requirements, may transferred by succession.

Article 74
When a property was possessed without any title and is transferred by way of succession, the
successor who is the new possessor of the property may continue to manage it and benefit
from protection as long as he meets all other requirements of the law.

In such case, the competent authorities or any other persons may not use the deceased’s
possession as a de facto possessor or use the absence of a formal distribution of the estate as a
pretext to infringe upon the rights of successors and, in particular, to refuse to acknowledge
and certify their possession.

Article 75
When an inherited immovable property is used as a dwelling for the deceased’s family or
where the land is used to support the family’s life, the successors may not demand a partition
or a sale without the unanimous express consent of all co-successors.  In case the partition of
the succession is contested, the co-successors are entitled to file a complaint to the court to
decide the case.

A partial transfer by any co-successor of his rights shall be considered null and void if there
is no express consent of all co-successors. Further, any co-successor who sold part of his
rights of succession shall lose his succession right in respect of the property sold.  Any co-
successor who violates the prohibitions of inherited immovable property sale shall be solely
responsible for his action with the purchaser. The Khmer version is the official version of this document.

Article 76
A successor who cannot continue possessing  inherited property, due to any legal or factual
impediment, or who does not wish to be personally responsible for that part,  may transfer
such property to a third party.

Article 77
If the person who receives a land concession responding to an economic purpose is not an
enterprise, but a natural person possessing an immovable property title, upon his death, such
concession shall not be subject to division without the approval of the administrative
authority that granted the concession.

Article 78
The property of a person who dies without any successors or legatees shall revert to the State
and shall be incorporated in its private property.

Article 79
Devolution of property by succession shall be governed by traditional rules on that subject
matter pending the promulgation of a new civil code.

Part 4 – Acquisition by Gift
Article 80
A gift is a contract by which a person called a giver or donor, transfers his property
ownership to another person called a receiver or donee, who accepts it.

Article 81
A gift of immovable property is only effective against third parties if it is made in writing in
the form of an authentic deed and registered with the Cadastral Registry Unit.

Article 82
Immovable property may be the subject of a gift between living persons or gift by death or by
legacy.  If such a gift is a mutual gift, the operation constitutes an exchange.

Article 83
The State may only donate immovable property to natural persons and for social reasons in
order to allow them to reside or carry out subsistence farming. The value of the immovable
property donated must be limited in relation with the purpose sought and not allow scope for
speculation, or disproportionate enrichment taking into account the social level of the
beneficiary.

Gifts granted by the state prior to this law shall not be reviewed.

The Khmer version is the official version of this document.

Translation note:  The word “speculation” in
paragraph 1 is translated from the Khmer word [
ekgykkMér ].  Compare this with article 32.

Article 84
Gifts of immovable property are irrevocable once they are accepted. The ownership right of
such gifts can be transferred rapidly.  However, the donor may retain the right of usufruct in
the property, and the right of use and habitation of an immovable property. This has to be
stated in the contract and registered in the Cadastral Registry Unit.

TITLE III – THE REGIME OF PRIVATE OWNERSHIP
Chapter 7 – Rights and Obligations of Owners

Part 1 – Enjoyment of the Benefits of Ownership
Article 85
The owner of immovable property has the exclusive and extensive right to use, enjoy and
dispose of his property, except in a manner that is prohibited by the law.

Article 86
The owner of property may not use it for the purpose of harming or causing a nuisance or
disturbance to third parties and particularly to his neighbors.

The normal and legitimate use of property is not considered as a nuisance obstructing the use
of this property.

Article 87
The owner of land may plant, develop and construct anything he wishes, unless it is
prohibited by law. Such development or constructions are his ownership, in accordance with
the provisions of Part 3 of this Chapter.
Article 88
The owner of immovable property may freely carry out any development or alteration of the
original type or structure of his property in accordance with his use purposes and in
accordance with the provisions of the law.

Article 89
Modification of the original nature or structure of immovable property, in the terms of this
law, include the clearing of lands and forests (logging) and their cultivation, the filling up of
land, the leveling of hills or talus, the digging and hollowing out of land to extract earth, the
exploitation of mines or quarries, the establishment or drainage of water reserves, the
urbanization of agricultural land, and the development of industrial zones and factories.
The Khmer version is the official version of this document.

Article 90
The owner of the land’s surface shall be the owner of the under ground and of anything that
may be extracted there from, provided it is not in contrary to  the provisions of Article 88 and
Article 89 of this law. The limit of the under ground shall be determined in a vertical line
from the surface of the property.

However, the owner may not claim the ownership of statues, bas-reliefs and antiquities of any
type that he found thereon. Such works form part of the national heritage and must be
returned to the Ministry of Culture and Fine Arts.

Article 91
The owner of the land’s surface is also the owner of the space situated directly above his
property and of the things that are permanently fixed on his property, except electrical and
telecommunication wires that shall be governed by separate law. . He may, in particular, cut
the branches of neighbor’s trees extending to his property or collect the fruit thereof.

He may not, however, prohibit any aircraft from flying over his property.

Article 92
The owner of immovable property may put up such property as surety for contracts in
accordance with the provisions defined in Title 5 of this law.

Article 93
The owner of property may manage the production generated from such property and natural
or artificial accretion that is combined or incorporated into his property according to the rules
stipulated in Parts 2 and 3 of this Chapter.

Part 2 – Accession to Fruits and Products of Ownership
Article 94
The owner of immovable property is entitled to receive all types of fruits from such property,
including natural fruits and civil fruits by way of accession.

The natural fruits are those fruits that are naturally generated from the land or that are created
by human act.

The civil fruits are capital fruits [plTun], profit [CnlaP] and interests.

Article 95
The fruits resulting from cultivation of land belong to the owner of such land, provided he
pays third parties for the cost of plowing and harrowing works, labor done by them and seeds.
The Khmer version is the official version of this document.
Part 3 – Accretion of Ownership
Sub-part 1 – Accretion by Human Acts
Article 96
Any construction, plantation and works carried out on the land or the under ground shall be
considered to be done by the owner at his expense and the fruits thereof belong to him, save
for any evidence to the contrary.

Article 97
The owner of land on which construction, plants or developments are made with materials
that do not belong to the owner, shall pay the cost of the materials to the owner of the
materials.  The land owner may be punished for the payment of damages, but the owner of
the materials has no right to remove the works done.

Article 98
If the plantations, constructions and developments have been made in bad faith by a third
party with his materials, the owner of the land is entitled either to retain such materials or to
force the third party to remove them.

If the land owner requests the removal of plantations and constructions made in bad faith,
such removal shall be made at the cost of the third party, with no compensation; the latter
may receive the penalty by paying the indemnity to the land owner if the removal caused any
damage to the land owner.  If the owner prefers to retain such plantations and works already
done, he must reimburse the cost of the materials and labor costs, without considering
whether the land will have more or less value.

Nevertheless, if the plantations, constructions and works were made by a third party in good
faith as provided for in Article 38 of this Law, the owner may not demand the removal of the
said works, plantations or developments.  He will have two choices, either to pay the cost of
materials and the labor costs, or to pay an amount of money equivalent to the increased value
of the land.

Sub-part 2 – Accretion by Nature
Article 99
The silt that grows successively and imperceptibly out of the river, tributaries or channel beds
can be recognized as alluvial soil.  .

Alluvial soil shall benefit to the owner of the land abutting the bank of the river, whether it is
accessible or floatable or not.  If it is navigable or floatable, the owner shall keep a towpath in
accordance with regulations.

Translation note:  See translation note at article 15
for definition of “floatable.”

The Khmer version is the official version of this document.

Article 100
With respect to land increases formed by water currents that successively and imperceptibly
bring alluvial deposits from one shore to another one belonging to another person; the owner
of the land abutting the discovered bank takes benefit from the alluvial deposits, without the
riverside owner on the opposite side, who lost land, being able to claim back the land lost.

Article 101
If a river, tributary or channel, whether navigable or floatable or not, causes the removal, by
sudden water force, of a big and recognizable piece of land from one side of the riverbank
and joins it to land downstream or on the opposite side, the owner who lost the land can claim
it back within the year following the event; beyond such time limit, the claim shall not be
received unless the owner of the land to which the lost land was joined has not yet possessed
the land.

Explanatory note:  The legal term for this
phenomenon is “avulsion,” which is “a sudden
cutting off of land by flood, currents, or change in
course of a body of water [especially] one that
separates a portion from one person’s property and
joins it to that of another.”

This article is based on article 559 of the French
Civil Code.

Article 102
Any land increases that newly form in tributaries or channels that are navigable or floatable
shall belong to the State.

Translation note:  See translation note at article 15
for definition of “floatable.”

Article 103
Any land increases that newly form in tributaries, channels or rivers that are non-navigable or
non-floatable, shall belong to the owner of the land that abuts the shore or bank where the
land grows. . If the land increase has not formed exclusively on this side, this land shall
belong to the owners of both sides of the shore or bank using the median of the river as the
dividing line.

Translation note:  See translation note at article 15
for definition of “floatable.”

Explanatory note:  This article is based on article
561 of the French Civil Code.  The second sentence
probably should read, “If the land increase has not
formed exclusively on one side, it belongs to the
owners of both sides . . . .”

Article 104
If a river, tributary or channel creates a new watercourse that cuts and takes the land of an
owner who owns the land on the shore or bank and then creates an island, that owner still has The Khmer version is the official version of this document

the right of ownership over his land that was separated even if the island grows in a river,
tributary or channel that is navigable or floatable.

Translation note:  See translation note at article 15
for definition of “floatable.”
Explanatory note:  This article is based on article
562 of the French Civil Code.

Article 105
If a river, tributary or channel that is navigable or floatable forms a new watercourse by
abandoning its former watercourse, the owners who have land next to that shore or bank can
acquire the ownership of the former area of the river, tributary or channel that is dried out,
and each owner shall have its rights up to the line that crosses the center of the river, tributary
or channel.  The price of the land of such former watercourse shall be determined by an
expert appointed by the provincial or municipal court of that place upon the request of
provincial/municipal authorities or any party who has an interest in this issue.

If the owners of the land next to the former bank or shore do not want to acquire it at the
price determined by the expert, the authority shall auction that former waterway to the public.
The proceeds from that auction shall be shared among the owners whose land was submerged
in proportion to the amount of land they lost.

Translation note:  See translation note at article 15
for definition of “floatable.”
Explanatory note:  This article is based on article
563 of the French Civil Code.

Part 4 –Leases on Immovable Property
Article 106
The owner of immovable property may lease it out to another person.  A lease agreement is a
contract by which the owner of immovable property makes such property temporarily
available to another party in consideration for regular payment of rental, proportional to the
time of possession. The contract to lease an immovable property is referred to as lease
agreement.

There are two types of leases: lease for an indefinite period of time and lease for a definite
period of time. A lease for a definite period of time includes a short-term lease with an option
to renew and a long-term lease for 15 (fifteen) years or more.

Article 107
A lease for an indefinite period of time or a renewable short-term lease establish a personal
relationship between the lessor and the lessee.

A sub-lease of the property can be made provided that there is an express agreement or the
authorization of the owner.
The Khmer version is the official version of this document.

Article 108
A long-term lease constitutes a right in rem over immovable property.  Such right may be
assigned for valuable consideration or transferred by succession.

Property leased under a long-term lease may be the subject of development and alterations
provided that these works do not destroy or fundamentally alter its original nature, except as
specifically determined in the lease agreement.

Upon expiration of the lease, the lessor or his successors acquire, without any requirement to
indemnify the lessee, the full ownership of any construction, without providing any
compensation for the developments or improvements which were made by the lessee.
Provided that the lessee complies with the provisions in paragraph 2 of this article, the lessor
or his successors has no right to compel the lessee to deliver the immovable property back in
its original condition.

Article 109
Lease contracts shall be entered into according to the will of the parties and in accordance
with the provisions of existing laws and general regulations in force.

Lease contracts shall be in writing.  An oral lease shall be considered as a temporary lease
and can be terminated at any time by providing a prior notice period equal to the period of
rental payment.

Article 110
Before taking possession of immovable property, the lessee shall make himself aware of the
condition of the immovable property and its fixtures according to the lease agreement with
the lessor.  Failure to inspect the conditions of immovable property and its fixtures before
entering into possession presumes that the conditions stipulated in the lease are correct.

The leased property shall not contain any latent defects that render it unfit for its normal use.

Translation note:  The phrase “before taking
possession” is based on the Khmer that translates
literally, “before entering into the enjoyment.”

Article 111
The lessee is responsible for the normal maintenance of the property and at the end of the
lease he shall deliver it back in the original condition including the cost of damages resulting
from abnormal use, except as otherwise provided by the lease.

Article 112
The lessor must refrain from any conduct contrary to the lease that may impede or suspend
the quiet enjoyment of the lessee.
The Khmer version is the official version of this document.

Article 113
The formalities of leases of immovable property for residential, commercial, industrial and
agricultural purposes shall be determined by sub-decree.

Part 5 – Land Rules
Article 114
Rights and obligations of owners shall be determined by all land rules with the purpose of
ensuring the protection of the general interests determined by law.

Article 115
The construction formalities and all conditions imposed on owners relating to land
management and urban planning shall be determined by sub-decree.

Article 116
Any use of ownership that does not comply with any land rules but that was binding by
contract before this law came into effect shall not be affected. Such use may, however, not be
extended after the promulgating of the land rules that restrict or prohibit it.

In the case of an emergency or to meet a public interest need, the law can additionally
prescribe the immediate implementation of land rules, in the nature of public order, that
restrict the use of ownership.

Chapter 8 – Limited Proprietary Rights

Article 117
A limited proprietary right exists when a person other than the owner enjoys the latter’s
property. The remaining right of the owner is then referred to as bare ownership.

Article 118
The forms of limited proprietary rights include usufruct, use and habitation, and easement.

Part 1 – Usufruct
Article 119
Usufruct is the enjoyment of immovable property by a person other than the owner for a
period which cannot be longer than the life of the usufructuary.

Article 120
Usufruct is created by law or by agreement. It may be created with or without time
restrictions or until the defined conditions are completed.

If there is no provision on time restriction the usufruct is deemed to last for the lifetime of the
usufructuary. The Khmer version is the official version of this document.

The usufruct contract is valid if it is made in writing or in authentic form.  The usufruct
contract cannot be contested by third parties upon its registration with the Land Registry.

Article 121
The usufructuary has the right to enjoy all the fruits, either natural fruits or civil fruits,
generated by the immovable property in respect of which he has the usufruct.

Article 122
Any natural fruits attached to the land at the time the usufruct begins will benefit the
usufructuary. Any natural fruit attached to the land at the end of usufruct will benefit the bare
owner without mutual compensation for plowing and harrowing, harvesting or the seeds.
However, if there is a tenant farmer or sharecropper at the commencement or at the end of the
usufruct, they shall not lose their shares of the fruits they are entitled to receive.

Article 123
Civil fruits shall benefit the usufructuary in proportion to the duration of the usufruct.

Article 124
The usufructuary may enjoy the usufruct personally, lease it out, sharecrop it, or he may
assign his right for valuable consideration or gratuitously to another.

In case of lease or sharecropping agreement, the contract cannot exceed a period of three
years.  If he wants to renew a lease with a tenant farmer or a sharecropper, a new contract
shall terminate at least one year before the expiration of the usufruct.

Article 125
The usufructuary enjoys the eventual increase of alluvial deposits on the property on which
he has the right of usufruct.

Article 126
The usufructuary has all the easements and generally all rights that the owner may enjoy,
except the right to dispose of the property.

Article 127
The usufructuary can use the rights, in the same manner as the owner, of the fruits of the
quarries existing on the land under usufruct.

Article 128
The usufructuary collects any fee due and payable to the owner of the land by the
concessionaire of mines exploited on the land under his usufruct right.

Article 129
The bare owner may not impede the rights of the usufructuary in any form whatsoever. The Khmer version is the official version of this document.

The usufructuary, at the end of the usufruct, may not claim any indemnity for immovable
property improvements made by him during the usufruct, even if the value of the immovable
property increases due to the improvements.

The usufructuary or his successors may further remove mirrors, paintings and other
decoration installed by them in the existing buildings, as long as they restore the premises to
its original condition.

Article 130
The usufructuary is responsible for maintenance repairs only.  The bare owner is responsible
for major repairs except damages caused by a lack of maintenance on the usufructuary’s part
from the beginning of the usufruct.  In that case, the usufructuary is responsible for repairs
himself.

Major repairs are, the repair of support walls, doorways, replacement of roof beams and roof
covering entirely, repairing dikes, retaining walls and the entire fencing.

All other repairs are considered maintenance repairs.

Article 131
Neither the bare owner nor the usufructuary are obligated to reconstruct anything that has
deteriorated or is destroyed by force majeure.

However, if an insured immovable property is destroyed by any possible catastrophe, the bare
owner or the usufructuary can request that the insurance indemnity be used for repair or
rebuilding.

Article 132
While benefiting from the usufruct, the usufructuary shall be responsible annually for the
immovable property charges such as taxes and excise taxes, insurance premiums that have to
be paid.

The usufructuary shall be responsible to execute and to renew insurance policies on the
immovable property which is in his usufruct; this either means the existing contract at the
beginning of his usufruct, or the contract which the bare owner requests to be made in the
future.

Article 133
If, during the usufruct, a third party infringes upon the rights of the bare owner, the
usufructuary shall notify the owner, and failing to do so , he liable for the damage that the
bare owner may suffer, as if such damage were a result of damage that he himself inflicted.

Article 134
The usufruct shall end:

–  upon the death of the usufructuary; The Khmer version is the official version of this document.

–  upon the expiration of the time limitation or time specified in the contract;
–  by agreement that the usufructuary waive his right;
–  upon the complete destruction of the immovable property under usufruct; or
–  by decision of the Court in conformity with the provisions of article 135 of this law.

Article 135
The usufructuary’s rights can be terminated by court order upon the complaint of the bare
owner where the usufructuary abused his rights of enjoyment, particularly if the usufructuary
damages the immovable property or if he fails to maintain it.

The creditors of the usufructuary may, in such case, have a right to file a claim with the court
to ask for the continuation of the rights of the usufructuary if they assume the repair of the
damage inflicted and they may provide guarantees for the future.

The court may, depending on the seriousness of the circumstances or other reasons, declare
the absolute extinction of the usufruct, or order only that the immovable property revert to the
owner without usufruct under the obligation to pay a certain amount annually to the
usufructuary or his beneficiaries until the end of usufruct’s time limitation.

Article 136
The sale of immovable property under usufruct by the bare owner does not cause any change
for the usufructuary, who continues to exercise his rights unless the usufructuary has
expressly waived such rights.

Article 137
If the usufruct relates only to a building, and such building is accidentally destroyed, the right
of the usufructuary ceases and he cannot claim right of usufruct on the remaining land or
materials.

However, if the usufructuary is on both land and a building and the building is destroyed, the
usufruct is remains on the land.

Part 2 – The Rights to Use and Habitation
Article 138
The right to use is the right allowing the beneficiary to enjoy the quantity of fruits from a
piece of land necessary for his own needs and those of his family.

The right of habitation is the right allowing the beneficiary to occupy a portion of a house
necessary for himself and his family.

These two rights continue even when later on the beneficiary marries or has children.

Article 139
The rights to use and habitation are created and lost in the same manner as usufruct.
The Khmer version is the official version of this document.

The rights to use and habitation of the user and inhabitant are determined by the provisions of
the contract in the form of an authentic deed; or by provisions of law concerning these rights.

Article 140
The beneficiaries of the right to use or habitation may not transfer, or lease out their right to
others.

The rights to use and habitation are strictly personal rights.  They end upon the death of their
beneficiary or pursuant to the clauses of the contract.

Article 141
If the beneficiary of the right to use takes all the fruits of the land, or if the beneficiary of the
right to habitation occupies the entire house, he is liable to pay the costs of cultivation and to
repair and maintain, and to pay taxes, excise taxes and insurance premiums in the same way
as the usufructuary.

If he takes only a portion of the fruits, or if he occupies only a portion of the house, he shall
contribute to such expenses pro rata in accordance with the portion enjoyed.

Part 3 – Easements
Article 142
A land easement is a burden on a land, referred to as servient or lower land for the use and
benefit of another land, referred to as the dominant or upper land, belonging to another
owner.

Translation note:  The Khmer uses different
phrases for dominant and servient land depending
on whether the easement is natural or contractual.

When the easement is natural, the phrase “dey leu”
is used for dominant land, and “day kraom” is used
for servient land.  This classification seems to be
based on the natural state of the land that causes the
easement to be created.  This distinction is
maintained in this translation, which uses “upper”
and “lower” land, respectively.

When the easement is contractual, the phrase “dey
praeu” is used for dominant land, and “dey
bomraeu” is used for servient land.  In these cases,
this translation uses “dominant” and “servient”
land, respectively.

There is no similar distinction when the easement
is created by law.  The phrase “land” is used.

Article 143
Easements may be created by nature, by law or by contract depending on the state of the
premises, as determined by law or by agreement among the owners.

Sub-part 1 – Easements by Nature
Article 144
Lower land shall receive waters flowing naturally from upper land.
The Khmer version is the official version of this document.

The owner of the lower land may not build dams, dikes, barriers, or other works to impede
the water flow.

The owner of the upper land may not do anything that would aggravate the easement of the
lower land.

Article 145
The owner of the upper land has the right to use and dispose of rainwater that falls on his land
as well as waters from sources that are found thereon, except in the case of the provisions of
the last paragraph of article 144.

Article 146
The owners of lands situated along running waters shall allow the waters to flow to the
neighboring lands and the owners of neighboring land, in turn, are subject to the same
obligation with respect to lands that are further away, depending on their agricultural needs.

Sub-part 2 – Easements by Law
Article 147
An easement by law aims to be used for public or private interests.
An easement by law for the public interest shall be determined by law or by specific
regulations that bind the owners.

Easements by law for the benefit of private interests shall determine the limits within which
an owner may perform certain acts on his own land, provided that he does not infringe the
rights of owners of neighboring lands.

Article 148
Land demarcation and ownership of property situated along public roads shall be determined
by the competent authorities based on actual needs of common interests, especially based on
the traffic needs.

Before building a fence or constructing any kind of building next to a public road, the owner
shall check the conformance of the proposed construction with the setback map, if any.
Every construction permit shall follow the existing setback line.

The competent authorities can decide to change the size of roads according to the necessary
needs for the public interests.  If the authorities decide to extend a road size, all constructions
situated along the setback line shall be moved back.  If it is a simple fence or an easy-to-
remove building, the authorities shall require the owner to move it.  If it is an immovable
property that cannot be subject to change or easily moved away, it shall remain in the same
location until the competent authorities decide whether to extend as projected.  The
deprivation of partial or whole of ownership may be done according to the implementation of
the proper procedures determined by law.  Regarding legally possessed/occupied land, as
well as fences and buildings legally built according to legal provisions, the owners shall be
entitled to the compensation for their losses.
The Khmer version is the official version of this document.

Translation note:  The phrase “setback map” in the
second paragraph is based on the Khmer phrase
that translates literally, “plan/map rectifying the
line.”  The phrase “setback line” in this article is
based on the Khmer phrase that translates literally,
“rule/ruler rectifying the line.”

The word “deprivation” in the penultimate sentence
is the translation of [  ] [doc hot], which is more
general than “expropriation” as used in article 5.
Expropriation is one kind of deprivation.

Article 149
An owner who wants to do work on his land that is susceptible to harm or to being a nuisance
for neighboring lands, such as drilling, boring or excavating, or storing dangerous substances
that may cause a nuisance or affect health, shall comply with the provisions of special
regulations concerning the determination of distances to be respected or concerning
supporting works.

Article 150
An owner  may not make a hole being a door or window or balcony or porch facing his
neighbor’s land at a distance less than two meters.

Article 151
An owner may not plant big or small trees taller than two meters near the boundary of the
neighboring lands at a distance less than two meters from the boundary, otherwise it [the tree] shall be forcibly removed upon the complaint of the interested owners.
Article 152
The owner whose land is enclosed and lacks access to a public road or whose access is
insufficient for the industrial agricultural exploitation of his ownership, is entitled to ask for a
passage through the neighboring land, provided that he pays an indemnity proportion ional to
the damage caused due to opening the passage
Article 153
In principle, the passage as stated in article 152 shall be made in the place that is the shortest
distance from the enclosed piece of land to the public road, but shall be determined at the
place that causes the least damage to the owner who accepts the opening of the passage.

Article 154
If the enclosed land resulted from the division of land, following a sale, exchange or division
of assets or any other contract, the passage may only be demanded over the remaining
divided land.

However, in the case where the remaining divided land is not sufficient to establish a
passage, the provisions of the article 152 and article 153 shall apply.

Article 155
An owner, who wants to use water that he has a right to use to irrigate his lands, may obtain
the passage of the water through intermediary land against the payment of compensation for
the damages caused to the land owners.
The Khmer version is the official version of this document.

Article 156
The owner can evacuate waters that have irrigated his land over lower land against the
payment of compensation for the damages caused to the land owners.

Article 157
The owner of submerged lands, in whole or in part, may allow the harmful water to be
drained out of his land but he shall comply properly with hygienic methods.

Translation note: The phrase “harmful” is based
the Khmer phrase [  ] that means dirty water buy
can also mean clean water causing a nuisance.

Article 158
Any riverside owner who wants to use the water for the irrigation of his land may obtain the
right to put on the land of the opposing bank the necessary industrial equipment for the taking
of water against payment of compensation.

Article 159
The owner of land who authorized works to be built on his land may always ask to share the
use of the weir, provided he contributes half the cost of setting it up and its maintenance. No
compensation is due in this case to this owner and any compensation already paid must be
reimbursed.

Sub-part 3 – Easements by Contract
Article 160
Owners are allowed to establish on their own land, in favor of owners of other land, any
easements as long as the easements are not contrary to public order. The use and scope of the
easements shall be regulated by the contract that created them.

Article 161
Easements created by contract must be in the form of authentic deed. They are effective
against third parties only after inscription with the Cadastral Register.

An easement relationship between servient and dominant land shall cease when one of the
concerned pieces of land is transferred to a third party, if the preservation of the easement is
not formally provided in the document that transfers the ownership.

Article 162
An owner who establishes an easement on his land is considered to consent to everything that
is necessary for such easement. The right to draw water established in respect to a spring
necessarily entails the right of passage on the land that encloses it.
The Khmer version is the official version of this document.
Article 163
The owner of the dominant land has the right to construct any necessary work on the servient
land in order to use and to preserve the easement.
Article 164
Works that are necessary to use and to preserve the easement shall be carried out at the
expense of the owner of the dominant land, unless otherwise agreed.

Article 165
The owner of the servient land may not do anything that tends to reduce the use of the
easement or make it unusable.

The owner of the servient land may not change the way to use the easement from that one
originally designated.

If, however, maintaining the original situation would make the easement more expensive for
the servient land owner, the servient land owner may offer to the owner of the dominant land
a place that is equally useful for the exercise of his right, and the owner of the dominant land
may not refuse.

Article 166
The owner of the dominant land may only use the easement within the limits determined by
the contract and cannot make any change on the servient land, or on his own land, that may
adversely affect the situation of the servient land.

Sub-part 4 – Cessation of Easements
Article 167
Easements end:
–  by the termination of agreement that created the easement;
–  when the dominant and servient land become owned by the same owner;
–  by the total destruction of the land on which the easement was created.

TITLE IV – THE FORMS OF OWNERSHIP
Chapter 9 –Undivided Ownership

Article 168
Undivided ownership is the ownership on one specific property owned by several persons.
Those persons are called undivided owners. Each of the undivided owners has a share of the
property but this property cannot be divided among themselves.

Translation note:   The Khmer term for “undivided
ownership” used in this chapter [  ], is the same
term as used in article 10, paragraph 3.  Other
translations have used the term “undivided joint-
owners.”  The Khmer version is the official version of this document.

Article 169
The shares of undivided owners are presumed to be equal. In the case where the division of
the property is unequal, each of the owners has rights and liabilities in proportion to his share.
He may sell or enter into any kind of contract relating to his share and his share shall be
subject to a seizure by his creditors.

Article 170
Undivided owners jointly administer the undivided ownership, save for any agreement to the
contrary. Each of them has the capacity to undertake day-to-day management tasks, such as
maintenance repairs and cultivating works, if the majority of them do not decide to the
contrary.

The main significant acts such as the change of cultivation or major repairs can be decided by
the majority of the undivided owners, representing ownership more than one-half of the entire
property.

Article 171
Each undivided owner shall preserve and protect its common interest. Each undivided owner
enjoys the property and uses it to the extent that such enjoyment does not infringe the rights
of the other undivided owners.

The consent of all undivided owners is necessary for the alienation, constitution of rights in
rem or changes to the intended purpose of the property, unless other contrary rules exist.

Article 172
Management costs, taxes and other charges on the undivided owned property shall be, borne
by all undivided owners in proportion to their shares, except as otherwise provided.

Article 173
No person can be forced to remain in an undivided ownership. A division of property may be
demanded at any time by any of the undivided owners.

The undivided owners may temporarily maintain a state of undivided ownership, but such
state cannot be more than five years, unless there is a new agreement.

Article 174
The undivided ownership shall cease upon distribution of property based on its original
nature or by the sale of the property with a distribution of the sales proceeds, or by the
acquisition by one or more of undivided owners of the share of the others.

If the undivided owners disagree with the method of division of property, they shall file a
complaint to the courts which will order the distribution of property or if the division causes a
significant decrease in value, the court can order a sale to a third party or to any of the other
undivided owners. The Khmer version is the official version of this document.

Chapter 10 – Co-Ownership

Article 175
Co-ownership is the ownership of immovable property belonging to several persons divided
by lots, of which each person has one part that is a private part and another part that is a share
of common property.

Translation note:   The Khmer term for the word
“part” in article 175, “chom naek,” is the noun
based on the verb “to share.”  The noun can have
the meaning of part or share.  For consistency, we
have used the word “part” throughout this chapter.
This terminology is consistent with the French
usage upon which this article is based, see note,
below.  In English, the word “area” likely would be
used.

Explanatory note:  This article is based on article 1
of Loi n. 65-557 du 10 juillet 1965, fixante le statut
de la copropireite de immeubles batis.”

Article 176
The co-owners may prepare internal regulations that define, in accordance with the
provisions of this law, the methods of management and the rules for maintenance as well as
the obligations of the co-owners, in particular for common parts.

In the absence of the regulations, the co-ownership shall be subject to various provisions
determined by article 177 to article 185 of this law.

Article 177
The co-owners exercise full rights on their own private part provided that they do not
encroach on common parts and they do not cause any nuisance or impede the use by the other
co-owners of the common parts.  A co-owner may freely alienate his own private part, lease it
out, establish a usufruct, establish the right of use or habitation, mortgage it, or use it as
collateral. However, he may not establish an easement on his private part.

Article 178
All parts of the building or the land reserved for the exclusive use of a certain co-owner are
private parts. The certificate recognizing the owner of the immovable property shall define
the type and size of those parts.

Article 179
All parts of buildings or lands allocated for use or for benefit of all co-owners or certain co-
owners among themselves shall be considered as common parts.

Common property includes, in particular:
–  the ground, courtyards, parks gardens and access ways
–  walls, main structure of the buildings, common facilities, including water, electrical and
gas pipelines which can cross private parts
–  Flues and stacks of chimneys
–  common service areas The Khmer version is the official version of this document.

The following accessory rights are also deemed to be common property:
–  the right to excavate existing substances under the ground,
–  the right to erect new buildings on courtyards, parks or gardens constituting common
parts,
–  the right to excavate courtyards, parks or gardens,
–  the right of joint ownership relating to common parts.
–  the right to build on top of a building allocated for common use or containing several
premises that constitute various private parts.  In no case is the owner of the top floor of
the co-owned building permitted to build on top of his apartment for himself only or to
sell such right to build.
–  These provisions are in the public order.

Article 180
Any co-owner who alters the common parts of a building or a land in order to have the
private use of them or for the purposes of selling them shall be liable to restore them to the
original state. Such co-owner shall be subject to the penalties as stated in article 257 of this
law.

Any person other than the co-owners who takes possession of a common part for himself
shall be forced to return the premises wrongfully occupied and to restore it to its original
state.

In no case may the competent authorities issue a title recognizing the rights of such a person.
If they do so, they shall be considered as accomplices and shall also be held jointly liable.
The authorities have the mission to ensure that such illegal occupant is evicted.

These provisions also intend to impose penalties on those who directly and fundamentally
disregard ownership and requirements of public order and are applicable to infringements that
occurred prior to the promulgation of this law. .

Article 181
Common parts are the undivided joint ownership of the co-owners.  Co owners shall ensure
the maintenance thereof. The responsibility for such maintenance shall be divided in
proportion to the value of each lot.

Article 182
The wall separating neighboring private parts shall be considered a jointly-owned wall,
prescribed by chapter 11 of this law.

Translation note: The phrase used in Khmer for
party wall is “jointly-owned wall” or “joint
ownership wall.”  The phrase used here is the same
phrase used in Chapter 11.

Article 183
Common parts and accessory rights in respect thereof cannot be the subject of an action for
division of property or a forced sale independently of the private parts.
The Khmer version is the official version of this document.

Article 184
The co-owners may establish a management entity that can be a management board or an
executive committee. This management entity shall be appointed at a general meeting
attended by all co-owners according to the proportional value of their respective lots.  The
management entity, by a majority vote, may make decisions relating to the maintenance of
the co-ownership.

The co-owners shall be bound by decisions made by the general meeting of co-owners,
especially decisions concerning the maintenance and requirements of public order with
regard to common parts.

Any co-owner who refuses to comply with the decisions of the general meeting, and who
refuses to fulfill his obligations resulting there from, may be sued to be forced to fulfill his
obligations.

In the absence of a management entity, the management of the co-ownership shall be carried
out directly by all co-owners who make decisions unanimously.  If no agreement can be
reached among themselves, and if, as a result, there is bad maintenance or a degradation in
the co-ownership, every co-owner, after obtaining the consent of the others, may file to the
court to nominate an administrator of the co-ownership. The fees of such administrator shall
be borne by all co-owners.

Article 185
The competent authorities may impose on co-owners any measures t to ensure the proper
maintenance of common parts.

The costs of maintenance shall be at the expenses of co-owners based on the proportional
costs of their part.

A co-owner who refuses to comply with his responsibilities or does not follow the provisions
for public order shall be subject to punishment as stated in article 258 of this law.

Chapter 11 – Joint-Ownership

Article 186
Joint ownership is a form of common ownership that applies to ramparts and walls dividing
two adjoining ownerships.

Ramparts, within the terms of this law, refer to ditches, fences and dikes.

Translation note:  The Khmer word for ‘fence” can also express
the concept of “hedge.”  The Khmer word for “dike” can also
express the concept of “embankment.”
The Khmer version is the official version of this document.

Part 1 – Jointly-owned walls

Translation note:  The Khmer uses jointly owned
wall, or joint ownership wall, which is commonly
referred to as a “party wall” in English.  The same
term is used in article 182.

Article 187
The repair and reconstruction of a jointly-owned wall are the responsibility of those who have
rights over it, in proportion to the rights of each owner.

A concerned joint owner can avoid contributing to such repairs or reconstruction by
abandoning his right of joint ownership, unless the jointly owned wall supports his own
building.

Article 188
A joint owner of a jointly-owned wall may not make any deep hole into the jointly-owned
wall or make any work likely to cause damage to such jointly owned wall without the prior
consent of the other joint owners. In the case no agreement can be reached, an arbitrator shall
be nominated as an expert to determine the necessary means to ensure that such new work
does not infringe the rights of the other joint owners.

Article 189
Each owner may build against a jointly-owned wall and may place thereon beams and joists
on the joint wall up to 5 cm from the other side, insofar as such work does not infringe the
rights of the other joint owners. If the joint owner of the other side wishes to put such beams
and joists in the same place, he has the right to claim to have such beams and joists reduced
back to half the width of the wall.

Article 190
Any owner of immovable property adjacent to the wall of other owners has the right to make
it in whole or in part a jointly owned wall by reimbursing the owner of the wall half of the
value of the part that he wishes to make jointly-owned, plus half of the value of the ground on
which the wall is constructed.

Article 191
Each owner may increase the height of a jointly owned wall at his own expense including the
construction fee [and] maintenance of the part constructed taller than the original height.  He
must further pay a reasonable price for the expenses due to the burden coming from the
additional increase of the height of the wall.

Article 192
If the jointly-owned wall is not strong [enough] to support the weight of the additional height,
then the person who wishes to increase the wall may destroy it and reconstruct it entirely at
his expense. The thickness of the wall, which shall be thicker than the original one, shall be
constructed on his own land.  The Khmer version is the official version of this document.

Article 193
The other joint-owner who has not contributed to such increase of the wall, if he wishes that
the construction be considered as his joint-ownership as well, must pay half of the expenses
incurred for the additional height and half of the price of the ground supplied to support the
additional width.

Part 2 – Jointly-owned ditches, fences and dikes
Article 194
The jointly owned ramparts formed either by ditches, fences or dikes shall be maintained by
common expense. However, one of the owners may exempt himself from such obligation by
waiving his entitlement to the joint-ownership.  But, if the ditches or dikes usually serve the
flow of water, the co-owners cannot waive their joint-ownership.

Article 195
The owner of land next to a ditch, fence or dike which is not jointly-owned cannot compel the
owner of such a ditch, fence or dike put such ditch, fence or dike under joint ownership.

Article 196
A joint owner of jointly owned hedge/fence may destroy such hedge/fence up to the boundary
of his own property, as long as he constructs another hedge/fence on the boundary of his land.

An owner of a jointly owned ditch or dike has the same right, provided such ditch or dike
only serves as a partition.

TITLE V – IMMOVABLE PROPERTY USED AS SURETY

Article 197
Immovable property may be put up as surety by its owner to secure the payment of a debt by
way of mortgage, antichrèse or gage.

Explanatory note: See the note at chapter 13
for the explanation of the terms antichrèse and
gage.

Chapter 12 – Mortgage

Article 198
A mortgage is a surety in rem which, without dispossessing the owner of such immovable
property allows the creditor to claim the sale of such immovable in court on the due date of
the debt, irrespective of in whose hands such immovable property passes, so that himself and
the others creditors having such privilege and preference to be paid from the purchase price.
The Khmer version is the official version of this document.

Article 199
Only immovable property registered with the Land Registry may be the subject of a
mortgage.

Article 200
The creditor cannot become the owner of the mortgaged property itself by way of payment.

Article 201
A contract of mortgage must be in authentic formula entered into before the competent
authority or a dully authorized lawyer. The mortgage contract must be registered with a
cadastral administrative body. The competent authorities to draft mortgage contracts and the
registration formalities shall be determined by sub-decree.

Article 202
The mortgage contracts must clearly specify the state of the property, its nature, the
easements or charges determined by any relevant regulations and its value.

Article 203
Several successive mortgages may be created on the same property. Each creditor shall
exercise his rights in the order of priority of his mortgage registration.

Article 204
If the owner of the mortgaged property fails to pay his debt upon the due date, a creditor may
seek the sale of the property irrespective of the order of priority of his mortgage. The various
creditor mortgagees shall then be reimbursed at the same time according to the priority of
their mortgage.

Article 205
Property that is the subject of antichrèse may not be mortgaged.

Explanatory note:  The term antichrèse refers to a
pledge of immovable property, which is discussed
in chapter 13, below.
The Khmer version is the official version of this document.

Chapter 13 – Antichrèse

Explanatory note:  Chapter 13 and chapter 14
concern two methods of securing debts by
remitting property to be held by the creditor until a
loan is repaid.  In French, remitting property
(whether immovable or personal) to secure a loan
is called “nantissement” or “pledge.” There are two
types of ‘nantissement:”  (1) “antichrèse,” pledge
of immovable property, and (2) “gage,” pledge of
movable property, “pawn” in English.

Chapter 13 concerns “antichrèse,” or pledge of
immovable property, where the creditor takes
possession of the immovable property that secures
the debt, that is the land, buildings, etc.

Chapter 14 concerns “gage,” or pledge of movable
property, where the creditor takes possession of the
movable property – title to the property – as surety
for the debt.

Because the types of securities covered by chapter
13 and 14 are based on French law, and because
there are no good English equivalents, this
translation uses the French terms.

Article 206
Antichrèse is a contract pursuant to which the debtor delivers an immovable property to his
creditor as a guarantee for the payment of his debt. The creditor has the right to cause the sale
of the property to be reimbursed by privilege and in preference to other creditors who are not
as secured as he is.

If the contract of antichrèse so authorizes, the creditor may use the charged property in lieu
of the payment of the debt, either in payment of interest only or in payment of principal and
interest.

Article 207
A contract of antichrèse shall be made in writing in authentic form before the competent
authority and then be registered with a cadastral administrative body.

Article 208
Antichrèse shall be considered valid and no third party may claim against it after the
antichrèse contract has been made according to the formalities stated in article 207 of this
law.

Any failure to register an antichrèse contract with a cadastral administrative body will cause
the creditor to lose his secured collateral rights and the creditor only has the right to bring an
action for reimbursement under the law in force.

Article 209
The property subject to an antichrèse contract shall be delivered to the debtor as soon as the
debtor pays the debt in full.

If no date of reimbursement is stipulated in the antichrèse contract and if, within a period of
ten years from the date of creation of an antichrèse contract, the creditor fails to commence a
legal action to claim the amount of his debt, he shall lose the guarantee of antichrèse. The Khmer version is the official version of this document.

If a date of reimbursement is stipulated in the contract and if, within a period of ten years
from such stipulated date, the creditor fails to commence a legal action to claim the amount
of his debt, he shall lose his guarantee of antichrèse.

The loss of the guarantee of antichrèse obliges the creditor to return the property to the debtor
together with any titles handed over by way of guarantee but the debtor is not discharged of
his debt [and] the creditor has the right to bring an action for reimbursement under the
general law.

The inscription of the antichrèse shall be stricken from the Land Register upon the demand of
the debtor or by itself.

Article 210
Whatever the case, the creditor cannot become the owner of the property. Any clause
contrary to this provision shall be considered null and void.

Article 211
An antichrèse contract confers on the creditor the right to cause the forced sale of the
immovable property by court decision to be paid in priority by privilege and in preference to
any other creditor.

If during the term of an antichrèse contract, the creditor who is the beneficiary of the
antichrèse purchases the secured property, the purchase contract shall be registered with the
cadastral administrative body, [and] failing to do so, it shall be considered null and void.

Article 212
The creditor who occupies the property guaranteeing an antichrèse has the right to enjoy such
property as a usufructuary and has the obligation to maintain and conserve the property as it
if were his. If the property is damaged by his act or his fault, he has to pay an amount
corresponding to the damage less the amount of the debt.

Article 213
At the end of an antichrèse contract, either due to the full payment of the debt by the debtor
or estoppel as it is stipulated in the article 209 of this law, the creditor must restore the
property or its value, if such property is destroyed through his act or fault, to the debtor.

Article 214
At the end of the contract of antichrèse, if the debtor proposes to redeem the property and the
creditor refuses to deliver that property back to debtor, the creditor owes the fruits and
revenues derived from the property encumbered by the antichrèse from the date that the
debtor asked for the return of the property.

Article 215
If the property consists of land and the payment due date was not specified in the contract of
antichrèse, the creditor shall continue to have the right to benefit from the fruits or revenues The Khmer version is the official version of this document.

generated from his labor and his capital from the time the debtor requests to redeem his
property.

However, if the property is a house and the payment due time was not specified in the
contract of antichrèse, the creditor shall deliver that property back to the debtor when the
debt is completely paid off.

Article 216
Interest ceases to be due and payable from the date the debtor offers to repay his debt before
the termination of the contract. The repayment shall indicate the amount and shall be
recorded in a document signed by the Commune or Sangkat Chief with the signatures of the
creditor, the debtor and two witnesses.

Article 217
The payment of any duties, taxes or levies shall be the responsibility of the debtor, unless
otherwise agreed between the debtor and the creditor.

Article 218
Once the debts are completely paid off by the debtor, the creditor may not retain the property
subject to the antichrèse on the ground that the debtor is liable under another debt, although
such other debt is due and payable, unless a new contract of antichrèse relating to the same
property is drawn up according to the form determined by law.

The debtor can exercise the above-mentioned rights against the successors or assignees of the
creditor.

Chapter 14 – Gage

Explanatory note:  See note on terminology at Chapter 13.

Article 219
Gage is a contract concluded in order to guarantee the payment of a debt, pursuant to which
the debtor remits to his or her creditor not the property itself but the ownership title of the
property that was recorded in the Cadastral Register.

Explanatory note:  The reference in this chapter to
“Cadastral Register” probably should be “Land
Register.”

Article 220
The contract of gage must be made in writing in an authentic form and it must be recorded in
the Cadastral Register
The Khmer version is the official version of this document.

Article 221
In no case may the creditor become the owner of the property subject to a contract of gage.
Any clause that is contrary to this provision shall be null and void.

The contract of gage only authorizes the creditor to have the right to claim for a foreclosure
of the immovable property in court in order to be paid in priority by preference and privilege
prior to other creditors.

Article 222
When the debtor discharges the debt, on the due date or prior to the due date, the creditor
shall return the ownership title to the debtor by a release of an inscription about this
encumbrance in the Cadastral Register

Article 223
The debtor retains the management and use of his property but is prohibited from any
conduct that may decrease its value.

Article 224
The successors and assigns of the debtor and the creditor shall have the same rights and
obligations as the debtor or creditor in whose positions they stand.

Article 225
The successors or assigns of the debtor as well as the members of the family, who may
declare themselves as the co-owners of the property secured by a gage, shall have the same
rights and obligations as the debtor.

TITLE VI – CADASTRE
Chapter 15 – Cadastral Administration

Article 226
Ownership of immovable property shall be guaranteed by the State. For that purpose, the
Cadastral Administration under the supervision of the Ministry of Land Management, Urban
Planning and Construction shall have the competence to identify properties, establish
cadastral index maps, issue ownership titles, register lands and inform all persons as to the
status of a parcel of land in relation with its nature, size, owner and any relevant
encumbrances over such parcel.

Article 227
A land parcel or cadastral unit is a specified land area that is situated within a single
commune or sangkat, that is not divided by a joint, indivisible boundary, [that] belongs to one
person or several persons having an undivided ownership, and that is used in a single manner.
The Khmer version is the official version of this document.

A boundary is considered as joint and indivisible if it causes a division of the land into many
plots, such as fences, public roads, canals and water routes that are at least two meters wide.

Article 228
The organization and functioning of the Cadastral Administration shall be determined by sub-
decree in accordance with the provisions of this law.

Article 229
The Cadastral Administration has the following tasks:

–  To carry out systematic land registration according to the provisions  of a sub-decree on
the procedure of establishing cadastral index map and Land Register;
–  To reinforce the sporadic registration system according to the procedures to be
determined by sub-decree;
–  To do the necessary cadastral plotting for all parcels including the establishment of their
boundaries, the division of parcels, the unification of parcels, the correction of parcel
boundaries, and in general any change in their sizes whether caused by natural or
voluntary acts;
–  To produce a Land Register and to register the names of the owners and all collected data
relating to the physical features, area, and identity of the immovable properties;
–  To update any modifications/transformation concerning a right arising out of a transfer
contract such as sale, gift, exchange or transfers through succession or related to change
in nature or status of land such as a construction, filling in or digging up of land, etc;
–  To maintain  all cadastral documents including cadastral index maps, lists of owners’
names, the Land Register and all legal documents relating to each land parcel;
–  To issue to owners certificates acknowledging them as owners of an immovable property
and other certificates relating to land parcels;
–  To compulsorily issue the photocopied plan and information related to the location,
identification, land boundaries, and rights related to such parcel to the applicant at [the
applicant’s] request;
–  To register all mortgages, antichrèse, gage, long-term leases, or easements encumbering
on immovable property and to provide information to any person who seeks information
from the Land Register with regard to the situation of ownership that is the subject of
such mortgage, antichrèse, gage, long-term lease or easement.

Explanatory note:  A cadastral index map is a legal
tool of the systematic registration process, and each
parcel on the map has a Unique Parcel Reference
Number (UPRN).

See the note at chapter 13 for the explanation of the
terms antichrèse and gage

Article 230
The rates of fees that relate to the carrying out of the tasks that are stated above shall be
determined by a joint Prakas of the Ministry of Land Management, Urban Planning and
Construction and the Ministry of Economy and Finance.
The Khmer version is the official version of this document.

Article 231
The Central Cadastral  Administration shall be the General Department of Cadastre and
Geography that is responsible for the preparation, coordination and supervision of operations
concerning cadastral measurements of immovable property within the Kingdom of
Cambodia, and operations concerning the drawing up of cadastral index maps, to produce a
list of owners’ names and a Land Register, and to issue certificates acknowledging the owner
of an immovable property or possession titles to immovable properties. In addition, the
General Department of Cadastre and Geography must further determine the methods and
standards relating to the documents.

Article 232
The provincial/municipal and srok/khan Cadastral Offices shall implement all instructions
issued by the Central Cadastral Administration. The provincial/municipal and srok/khan
Cadastral Offices are responsible for conducting surveys in coordination with other local
authorities, maintaining the Land Register, updating the Register on a regular basis under the
supervision of the Central Cadastral Administration, maintaining documents and providing
information to any person who requests information.

Article 233
The srok/khan Cadastral Offices shall send copies of the cadastral documents to the
concerned khum/sangkat. The commune chief or sangkat chief shall allow anyone to consult
the copies and must notify the relevant srok/khan office of any change in the situation of
ownership and of owners that occurred in their communes or sangkats.

Chapter 16 – Cadastral Surveys

Article 234
Cadastral surveys must be made according to techniques and methods specified by sub-
decree.

Article 235
Where necessary, the Cadastral Administration can request the civil, military or police
authority to assist it in the conduct of the field cadastral surveys.  There is no competence
outside the Cadastral Administration that has the right to determine the owner of parcels, the
nature of land, or measurement of land.

Article 236
Any private individuals and in particular owners and concerned persons have the obligation
to join and co-operate for the carrying out of the cadastral surveys. They must facilitate the
physical operations relating to cadastral surveys, identify owners and give notice of any
changes that have occurred concerning their own parcels, the situation of the premises and
any transfers of ownership.
The Khmer version is the official version of this document.

Article 237
In the case of any dispute occurring at the time of the operations of the cadastral survey,
concerning the measurements of a parcel or the name of its owner, the cadastral officer in
charge shall invite the interested parties to conciliate [somroh samruol] themselves. For
disputes occurring in an area that is being surveyed according to systematic registration
system, an administrative commission has the duty to conciliate [samroh samruol] the
dispute. If such agreement is impossible, the officer in charge shall continue the cadastral
survey and make a record of the dispute, but he shall refrain from deciding the dispute.

When a dispute occurs at the time of the delivery of the title, the Cadastral Administration
shall take into account only the name of the owner appearing on its registers. In no case shall
the Cadastral Administration amend or deliver title to any other person.

Translation note:  In the second sentence of
paragraph 1, the Khmer term “samroh samruol”
[sMruHsMrYl] was translated as “conciliation.”  There
is considerable variation among ordinary citizens in
the understanding of what is involved in samroh
samruol, from simply making the dispute go away,
to mediation, negotiation or arbitration.

There is legislative history – particularly materials
prepared by the various legislative working groups
– that the term samroh-samroul means “mediation.”
Other writers, including the editors of the Legal
Dictionary prepared by The Asia Foundation, use
the word “santeanakam” [sn§ankmµ]to mean
mediation.  Regardless of the word in Khmer,
mediation has a very particular meaning in the
western context — where a neutral third party
(called a mediator) plays a very limited
intervention role to help the parties to a dispute find
a way to settle or compromise the dispute among
themselves.

This western concept of mediation is substantially
different from the typical traditional samroh
samruol in Cambodia, where the intervener – who
may be a person with authority — plays a very
active role in helping the parties resolve the
dispute.  To avoid giving any particular meaning to
“samroh samroul,” we have used a more neutral
term, namely, conciliation.

See Article 47 regarding the role of the Cadastral
Commission to decide disputes.

Chapter 17 –Cadastral Register and Documents

Article 238
The Cadastral Administration has the obligation to produce cadastral index maps and a Land
Register.

Cadastral index maps cover the zones that have been systematically registered and the
boundaries of all public and private properties demarcated and the classification of the land,
such as cultivation land, forest land, submerged land, lands for industrial construction, etc.
The production of cadastral index maps shall be implemented according to the procedures
provided in a sub-decree on procedures for producing cadastral index maps and a Land
Register. Each parcel of property shall bear its parcel number.

The Land Register shows, according to each parcel number of ownership, the name of owners
and the means of  identification of such land parcel , the description of the ownership, the
size of land parcel, the easements and other charges that encumber it. Any subsequent
changes in such data must be registered as soon as the Cadastral Administration is informed
of such changes. Such register shall be maintained in three copies, one copy kept at the The Khmer version is the official version of this document.

central Cadastral Administration Office and the other two copies kept at the provincial or
municipal and Srok/Khan Cadastral Administration Offices.

The Land Register shows, by reference to the number of the title of ownership, the
mortgages, antichrèse and gage, long-term leases that encumber the ownership.

Article 239
A cadastral index map and Land Register have legal value and precise effect. A cadastral map
and Land Register shall not contain deletions, additions or any other modifications at the
exception of those that have been expressly authenticated.

Cadastral offices at all levels are legally responsible to ensure the due and proper
maintenance of such Land Registers and the accuracy of survey operations and to preserve
the documents.

Article 240
The request for cadastral information by any person who has an interest in it may not be
refused. Copies of the information appearing on such registers shall be provided against a
payment of fee as determined in the article 230 of this law.

Chapter 18 – Cadastral Titles and Information

Article 241
The Cadastral Administration can issue  certificates acknowledging the owner of an
immovable property, possession titles to immovable property, mortgage certificates, forms
containing information and cadastral attestation documents relating to the nature, the legal
situation, physical status and encumbrances of a land lot  based on the cadastral documents
and the Land Register.

Article 242
The certificates acknowledging the owner of an immovable property and possession titles to
immovable property can be given only to the owner or the person who has legal rights over
the immovable property.

Article 243
Cadastral information forms may be delivered to any person who applies for them.  The agent
who provides such information shall be liable for inaccurate information the agent supplied.
Such information shall not bind any liability upon the Cadastral Administration.

Article 244
Cadastral attestations constitute official confirmation of legal documents.

Ownership of immovable property can be established by documents of sale, gift, exchange,
succession made by any person authorized by article 65 of this law. They must be filed with
the Cadastral Administration. The Khmer version is the official version of this document.

Article 245
A contract of sale, donation, exchange or succession that is made as a private document may
not be registered. It shall be effective against third parties only if the contract meets the
formalities determined in article 244 of this law.

Article 246
If the contract of sale, donation, exchange or succession has been made in authentic form by
an authorized person but has not been registered with the Cadastral Administration, such
contract remains ineffective against third parties, and the owners and assigns are personally
liable for the failure of such registration.

TITLE VII – PENALTY PROVISIONS
Chapter 19 – Infringements on Ownership

Article 247
The infringements against ownership and the other rights relating to an immovable property
can constitutes a penal offense punishable in accordance with the provisions of this law and
the damages caused by such acts shall be compensated by civil remedies.

Article 248
The following acts are considered as infringements on ownership and other legal rights to
immovable property and constitute penal offenses under this law:
–  An act or conduct, in fact, that is an intentional violation of the occupation of an
immovable property in breach of a title issued by the Cadastral Administration;
–  An act or conduct, in fact, that is a hinders the peaceful holder or possessor of immovable
property in an area not yet covered by the cadastral index maps, the ownership rights of
which have not yet been fully strengthened under this law;
–  An improper or illegal beginning of occupation of State public property or State private
property that is not in accordance with the provisions of articles 17, 18 and 19 of this law;
–  A transformation of a concession into ownership except in the case of a land concession
responding to a social purpose.

Article 249
An infringement against ownership within the scope of the preceding article may be
committed by a competent authority or by an individual acting alone or in conspiracy with
agents of the authority.

Article 250
An official or competent authority that infringes a lawful right to immovable property shall
be liable for an administrative penalty in addition to a criminal penalty and civil damages.
The Khmer version is the official version of this document.

Part 1 – Infringements against Public or Private Property Committed by individuals
Sub-part 1 – Infringements against private ownership
Article 251
Any person who falsifies a title with the intent to make an official use of it, regardless of its
form, shall be subject to imprisonment from one (1) to five (5) years.

Article 252
Any person who misleads or deceives Cadastral Administration officials in the exercise of
their tasks or the authorities in registration of land shall be punishable by a fine from 500,000
(five hundred thousand) Riel to 3,000,000 (three million) Riel and/or imprisonment from of 1
(one) month to 6 (six) months.

Article 253
Any person who uses violence against a possessor in good faith of an immovable property;
whether or not his title has been established or it is disputed, shall be fined from 1,500,000
Riel to 25,000,000 Riel and/or imprisoned from six (6) months to two (2) years irrespective
of the penalty for violence against a person.

In addition to the above penalty, the violator shall be liable for civil damages that were
caused by his violent acts.

If the violence was ordered by a person other than the perpetrator, who did not personally
participate in the commission of such violence, he shall be subject to the same penalties as
the perpetrators of the violence.

Article 254
Under no circumstances shall the use of private force be authorized in order to protect a
person’s title to property or to enforce a court order for the expulsion or forced removal of an
occupant. Any person who uses private force for the above purposes shall be fined from three
million (3,000,000) Riel to twenty five million (25,000,000) Riel and/or imprisoned from six
(6) months to two (2) years.

Article 255
Any person who sells, or uses as a surety, immovable property that does not belong to him
shall be punished by imprisonment from six (6) months to three (3) years, without prejudice
to any civil damages caused by his.

Explanatory note:  This article uses the term “ban
cham,” which has been translated here to mean
“uses as surety.”  The term “ban cham” is used in
chapter 13 to refer to antichrèse, or pledge of
immovable property.  However, the term “ban
cham” has a more general meaning that includes all
types of sureties – mortgages (chapter 12),
antichrèse (chapter 13) and gage (chapter 14).

The Khmer version is the official version of this document.

Article 256
An owner who cultivates on his own land, or who intentionally provides or rents land to a
third person to cultivate crops that are prohibited by law or regulations, shall be fined  from
fifteen million (15,000,000) Riel to forty five million (45,000,000) Riel and shall be
imprisoned under the law in force .

Article 257
A co-owner of undivided property  who infringes on the commonly owned part of immovable
property as stated in article 180 of this law, shall be fined from one million five hundred
thousand (1,500,000) Riel to nine million (9,000,000) Riel. In case of repeated offenses, the
infringing co-owner shall be subject to double fines.

Article 258
A co-owner who refuses to fulfill his obligation related to the maintenance of the common
parts of co-owned property or who does not respect the  public order restrictions as stated in
article 185 of this law shall be fined from five hundred thousand (500,000) Riel to three
million (3,000,000) Riel.

Sub-part 2 – Infringements against the Public Property
Article 259
An infringement against public property shall be fined from five million (5,000,000) Riel to
fifty million (50,000,000) Riel and/or imprisoned from one (1) to five years.

The perpetrator must vacate the public property immediately.  He has no entitlement to any
indemnity for works or improvements that he made on the property.

In the case of a person who was in possession of State public property before this law comes
into force and has documents proving and attesting clearly that he bought the property from
another person, he can request the competent authority to implement the legal rules against
the person who illegally sold public property of the State and in order to recover his damages
caused by such act.  Regardless of the circumstances, the aggrieved party has no right to
continue his possession of the State public property.

Article 260
Any person who removes, moves, or destroys a cement marker, a topographic points or the
position of a cadastral sign   shall be warned by the competent authority. In case of repeated
offenses, the offender shall be fined from five hundred thousand (500,000) Riel to three
million (3,000,000) Riel, and/or by imprisonment from one (1) to six (6) months, without
prejudice to any civil damages caused by his act.

Part 2 – Infringements against public or private property by administrative authorities
Article 261
An official or authority, irrespective of whether acting under orders or not, who abuses his
power to seize immovable property from a peaceful occupant shall be subject to a fine from The Khmer version is the official version of this document.

ten million (10,000,000) Riel to twenty-five million (25,000,000) Riel and additional
administrative sanctions.

The abuse may consist of the falsification or wrongful creation of titles or the use of pressure
or physical measures of eviction against such occupant.

If the act of seizing immovable property is carried out with violence, the offender shall be
imprisoned for six (6) months to two (2) years in jail in addition to the fine.

The person who gave the wrongful order shall be subject to  the same penalties imposed
against the offender .

Article 262
A competent authority or any kind of armed forces who wrongfully acquire immovable
property in the areas where they are in charge of maintaining public order and security to be
this personal property  shall be subject to a fine of three million (3,000,000) Riel to thirty
million (30,000,000) Riel, and/or shall be imprisoned from two (2) to five (5) years  and shall
also be subject to administrative sanctions.

Article 263
The authority, who ignores or allows private individuals to act wrongfully against  the rights
of owners, possessors, or peaceful occupants,  shall be subject to a fine from one million
(1,000,000) Riel to ten million (10,000,000) Riel and shall be subject to administrative
sanctions.

Article 264
Any abuse committed by cadastral officials shall be fined from  one million (1,000,000) Riel
to five million (5,000,000) Riel and shall be subject to  administrative sanctions.

Such abuse includes the delivery of false official data, the delivery of false titles to property,
concealment of mortgages or other charges, intentional deceptive demarcation and any
negligence in the inscription of cadastral documents.

Article 265
[Where] an infringement [is] committed against land rights of indigenous communities by an
authority who is responsible for the management of the zone in which the immovable
property is located, [the authority] shall be fined from one million and five hundred thousand
(1,500,000) Riel to nine million (9,000,000) Riel and/or put in prison from 2-5 years and
shall receive administrative sanctions in addition.

Translation note:  The words in [brackets] were added to make the sentence
grammatically correct.

The Khmer version is the official version of this document.

Article 266
[Where] an infringement [is] committed against monastery immovable property by a person
who is in charge of the management, [the persons] shall be forced  to return the property and
shall be fined from one million and five hundred thousand (1,500,000) Riel to nine million
(9,000,000) Riel.

Translation note:  The words in [brackets] were added to make the sentence
grammatically correct.

TITLE VIII – FINAL PROVISIONS

Article 267
Any provisions that are contrary to  this Law are repealed.

Article 268
This law is declared to be urgent.

Phnom Penh, August 30, 2001
(Signature)
Norodom Sihanouk

Having submitted to the King

for signature.

Prime Minister
(Signature)
Hun Sen

Having submitted to Samdech Prime Minister
Minister of Land Management, Urban Planning and Construction
(Signature)
Im Chhun Lim

No. 197/C
for copying and distribution

Phnom Penh, September 30, 2001
Secretary General of the Royal Government
(Signature and seal)
Nady Tan

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