Hard title
Hard title
Hi everyone. I'm in a process of buying a land. How can I check validity of hard title deed? Any suggestions will be appreciated. Thanks.
Never seen one but I would think you would go to the agency that issued it or who put the official stamp on it and they would be able to tell you whether it's real or not.
Ι'м тнє σиє ωнσ нαѕ тσ ∂ιє ωнєи ιт'ѕ тιмє fσя мє тσ ∂ιє ѕσ ℓєт мє ℓινє му ℓιfє тнє ωαу Ι ωαит тσ - ʝJιмι Нєи∂яιχ
Step 1 Land Title Transfer in Cambodia. The buyer verifies the title certificate with the Land Office, checking for potential liens (debt) or other encumbrances:
For the first step, the buyer must obtain a copy of the initial title certificate from the seller and verify proper ownership, ensuring that the seller is the rightful owner of the title certificate. He/she verifies the title certificate with the land office to ensure that there are no liens, mortgages or other encumbrances registered already for that property.
Relevant Government Agency: Land Office
Estimated time to complete the step: 10 days (should occur simultaneous to steps 2 and 3)
Official cost: According the Prakas 995 dated of December 28th 2012 on public service at Ministry of Land Management, Urban Planning and Construction = KHR 50,000/US$12.50
Step 2 Land Title Transfer in Cambodia. Obtain information on the property from the relevant Commune Council Official:
The land purchaser must contact the village chief or the commune council official, in which the property is located, to obtain information on the land, in addition to an official search upon the title at the municipal land office.
Relevant Government Agency: Commune Council
Estimated time to complete the step: 10 days (should occur simultaneous to steps 1 and 3)
Official cost: No Cost
Step 3 Land Title Transfer in Cambodia. The buyer must obtain the certificate of incorporation of the seller’s company and other official documents from the seller:
If the landowner is a legal entity, the buyer must obtain a copy of the ID of the shareholder, or person acting on behalf of the company, and a certified/notarized copy of the certificate as issued by the Ministry of Commerce. These documents are needed to verify the accuracy and identity of the company name appearing on the title certificate. A Power of Attorney is also needed, as well as a resolution signed by the Board of Directors from that company authorizing the named individual to represent the company at the land office, accompanied by the Power of Attorney implementing that Resolution.
Relevant Government Agency: Ministry of Commerce
Estimated time to complete the step: 10 days (should occur simultaneous to steps 1 and 2)
Official cost: KHR 80,000/US$20
Step 4 Land Title Transfer in Cambodia. Apply for registration at the District Land Office of the Ministry of Land Management, Urban Planning & Construction (MLMUPC):
When 2 persons/companies wish to buy/sell real property, they must first go together to the district office of the Ministry of Land Management, Urban Planning & Construction (MLMUPC) and arrange to prepare and sign documents. The documentation needed includes the company’s statute, its Certificate of Incorporation, and Power of Attorney (obtained in Step 3). At the same time, the original Title Certificate held by the seller must be presented to the Khan at the time of signing the deed, in order to have the name of the new owner officially inserted on the document.
Relevant Government Agency: District Land Office, MLMUPC (District Land Office of the Ministry of Land Management, Urban Planning & Construction)
Estimated time to complete the step: 20 – 30 days
Official cost: A cadastral transfer fee of KHR 600,000 is paid to MLMUPC.
Step 5 Land Title Transfer in Cambodia. Pay transfer tax at the Tax Collection Office:
A transfer tax of 4% of the total value of the property is paid to the Ministry of Economy and Finance at the Tax Collection Office, relevant to the location of the transferred property. A Tax Receipt is then issued to prove that the property transfer tax has been paid.
The 4% transfer tax is set out in Article 40 of the Law on Finance 1995. In Phnom Penh, however, this tax is not assessed based on the true transacted value of the property; but, rather, based on a schedule of price of property determined by the Phnom Penh Municipality.
The assessed valuation by the Phnom Penh Municipality is usually based on the total number of square meters, the land’s location, use, potential use etc. The tax is thus not based on the actual price for which the land is sold; rather it is based on the assessed value made by the Municipal office.
If the land is more than 1200m², the surplus of the land will also be subject to “unused land tax.” For land less than 1200m², the unused land tax is not applicable.
*The time for the tax office to complete the calculation of transfer tax will depend on the location of the land and its size.
Relevant Government Agency: General Department of Taxation
Estimated time to complete the step: 1 day*
Official cost: 4% of property value (transfer fee)
Step 6 Land Title Transfer in Cambodia. Return to Cadastral office to complete the registration process:
After all taxes are paid, the parties may return to the cadastral office at the MLMUPC and sign/thumbprint a MLMUPC form for buying/selling real property, as filled in by MLMUPC official. The signing/thumb printing must be witnessed by a local authority such as commune chief, who will also thumbprint. These procedures are based on Land Law Arts. 65, 244 and 245. Land Law Art. 69 bars transfer unless all necessary taxes are paid. The documentation provided should include payment receipts of transfer tax (obtained in Step 5).
Relevant Government Agency: MLMUPC (District Land Office of the Ministry of Land Management, Urban Planning & Construction)
Estimated time to complete the step: 5 days
Official cost: Cadastral service fee paid in Step 4
Step 7 Land Title Transfer in Cambodia. Obtain the certificate of title from the Municipal Land Office:
The Khan/District land office forwards all the “transfer documents” to the Municipal Land Office where it issues the final Certificate of Title in the new owner’s name. It is now registered.
Relevant Government Agency: Municipal Land Office
Estimated time to complete the step: 1 to 2 weeks. The last procedural step in practice can take several weeks, depending on the diligence of the land officials and interested parties.
For the first step, the buyer must obtain a copy of the initial title certificate from the seller and verify proper ownership, ensuring that the seller is the rightful owner of the title certificate. He/she verifies the title certificate with the land office to ensure that there are no liens, mortgages or other encumbrances registered already for that property.
Relevant Government Agency: Land Office
Estimated time to complete the step: 10 days (should occur simultaneous to steps 2 and 3)
Official cost: According the Prakas 995 dated of December 28th 2012 on public service at Ministry of Land Management, Urban Planning and Construction = KHR 50,000/US$12.50
Step 2 Land Title Transfer in Cambodia. Obtain information on the property from the relevant Commune Council Official:
The land purchaser must contact the village chief or the commune council official, in which the property is located, to obtain information on the land, in addition to an official search upon the title at the municipal land office.
Relevant Government Agency: Commune Council
Estimated time to complete the step: 10 days (should occur simultaneous to steps 1 and 3)
Official cost: No Cost
Step 3 Land Title Transfer in Cambodia. The buyer must obtain the certificate of incorporation of the seller’s company and other official documents from the seller:
If the landowner is a legal entity, the buyer must obtain a copy of the ID of the shareholder, or person acting on behalf of the company, and a certified/notarized copy of the certificate as issued by the Ministry of Commerce. These documents are needed to verify the accuracy and identity of the company name appearing on the title certificate. A Power of Attorney is also needed, as well as a resolution signed by the Board of Directors from that company authorizing the named individual to represent the company at the land office, accompanied by the Power of Attorney implementing that Resolution.
Relevant Government Agency: Ministry of Commerce
Estimated time to complete the step: 10 days (should occur simultaneous to steps 1 and 2)
Official cost: KHR 80,000/US$20
Step 4 Land Title Transfer in Cambodia. Apply for registration at the District Land Office of the Ministry of Land Management, Urban Planning & Construction (MLMUPC):
When 2 persons/companies wish to buy/sell real property, they must first go together to the district office of the Ministry of Land Management, Urban Planning & Construction (MLMUPC) and arrange to prepare and sign documents. The documentation needed includes the company’s statute, its Certificate of Incorporation, and Power of Attorney (obtained in Step 3). At the same time, the original Title Certificate held by the seller must be presented to the Khan at the time of signing the deed, in order to have the name of the new owner officially inserted on the document.
Relevant Government Agency: District Land Office, MLMUPC (District Land Office of the Ministry of Land Management, Urban Planning & Construction)
Estimated time to complete the step: 20 – 30 days
Official cost: A cadastral transfer fee of KHR 600,000 is paid to MLMUPC.
Step 5 Land Title Transfer in Cambodia. Pay transfer tax at the Tax Collection Office:
A transfer tax of 4% of the total value of the property is paid to the Ministry of Economy and Finance at the Tax Collection Office, relevant to the location of the transferred property. A Tax Receipt is then issued to prove that the property transfer tax has been paid.
The 4% transfer tax is set out in Article 40 of the Law on Finance 1995. In Phnom Penh, however, this tax is not assessed based on the true transacted value of the property; but, rather, based on a schedule of price of property determined by the Phnom Penh Municipality.
The assessed valuation by the Phnom Penh Municipality is usually based on the total number of square meters, the land’s location, use, potential use etc. The tax is thus not based on the actual price for which the land is sold; rather it is based on the assessed value made by the Municipal office.
If the land is more than 1200m², the surplus of the land will also be subject to “unused land tax.” For land less than 1200m², the unused land tax is not applicable.
*The time for the tax office to complete the calculation of transfer tax will depend on the location of the land and its size.
Relevant Government Agency: General Department of Taxation
Estimated time to complete the step: 1 day*
Official cost: 4% of property value (transfer fee)
Step 6 Land Title Transfer in Cambodia. Return to Cadastral office to complete the registration process:
After all taxes are paid, the parties may return to the cadastral office at the MLMUPC and sign/thumbprint a MLMUPC form for buying/selling real property, as filled in by MLMUPC official. The signing/thumb printing must be witnessed by a local authority such as commune chief, who will also thumbprint. These procedures are based on Land Law Arts. 65, 244 and 245. Land Law Art. 69 bars transfer unless all necessary taxes are paid. The documentation provided should include payment receipts of transfer tax (obtained in Step 5).
Relevant Government Agency: MLMUPC (District Land Office of the Ministry of Land Management, Urban Planning & Construction)
Estimated time to complete the step: 5 days
Official cost: Cadastral service fee paid in Step 4
Step 7 Land Title Transfer in Cambodia. Obtain the certificate of title from the Municipal Land Office:
The Khan/District land office forwards all the “transfer documents” to the Municipal Land Office where it issues the final Certificate of Title in the new owner’s name. It is now registered.
Relevant Government Agency: Municipal Land Office
Estimated time to complete the step: 1 to 2 weeks. The last procedural step in practice can take several weeks, depending on the diligence of the land officials and interested parties.
I'm not a negative person, I encourage people all the time...it's usually to f**k off! But, whatever.
Ministry of Land Management, Urban Planning and Construction
771-773 Preah Monivong Blvd (93), Phnom Penh
771-773 Preah Monivong Blvd (93), Phnom Penh
I'm not a negative person, I encourage people all the time...it's usually to f**k off! But, whatever.
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Pay an agent to do it for you.yg11 wrote:Hi everyone. I'm in a process of buying a land. How can I check validity of hard title deed? Any suggestions will be appreciated. Thanks.
There are only 10 kinds of people in the world; those who understand binary and ...
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I am looking at a Land/House Ownership Transfer Certificate (land & house in Phnom Penh).
Just want to understand how things work around here.
So I asked about the title document itself where it shows if the property has any encumberances, but I am not understood.
Is the Transfer Certificate all the new owner will receive?
Just want to understand how things work around here.
So I asked about the title document itself where it shows if the property has any encumberances, but I am not understood.
Is the Transfer Certificate all the new owner will receive?
As much as I prefer to things myself, I suggest using a reputable agent for this type of shit, because it's a pain in the ass and if you fk it up it could come back and seriously bite you in the ass in the future.
I'm not a negative person, I encourage people all the time...it's usually to f**k off! But, whatever.
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You're right, better to do it when you have found the missing 300k and change.Not buying anything this time, just want to educate myself.
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You will never have any money to buy anything. How's your rabbit cage?logos wrote:You're right, better to do it when you have found the missing 300k and change.Not buying anything this time, just want to educate myself.
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Has Don-Pierre de Plume finally realized his dream of convincing his girlfriend to sell the house in Cambodia that she was letting her family live in rent free?Don-Pierre de Plume wrote:I am looking at a Land/House Ownership Transfer Certificate (land & house in Phnom Penh).
Just want to understand how things work around here.
So I asked about the title document itself where it shows if the property has any encumberances, but I am not understood.
Is the Transfer Certificate all the new owner will receive?
Follow my lame Twitter feed: @gavin_mac
Got it. Took 2 months and seller has covered all expensive. Yes, there are two papers sertificate and a contract.
i am buying 2 cheap small plots in a row behind another property that I already own which are valued around 5.000 and 3.000 USD both on hard title, i went to the provincial ministry and was asked 1.500 USD each in fees just for the transfer and another minor fee if i wanted to merge them. I am paying the transfer fees as the price is quite low and the owner would not sell otherwise.
It is my understanding that the official fees should be around 200$ usd + 4% of the value. Which should be below 720$ in total and not 3.000$ the annoying lady at the local Ministry said something about pay to village chief and other bullshit blablabla, i would be fine letting her have one hunderd dollars in tip for a swift process but not bloody 2.280$. Should i go to the ministry in PP or it a waste of time and should just let someone negotiate the price? Apparently talking to the other people in the area this local ministry always charges this fee as a "minimum" price which they apparently decided by themselves.
It is my understanding that the official fees should be around 200$ usd + 4% of the value. Which should be below 720$ in total and not 3.000$ the annoying lady at the local Ministry said something about pay to village chief and other bullshit blablabla, i would be fine letting her have one hunderd dollars in tip for a swift process but not bloody 2.280$. Should i go to the ministry in PP or it a waste of time and should just let someone negotiate the price? Apparently talking to the other people in the area this local ministry always charges this fee as a "minimum" price which they apparently decided by themselves.
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