Top Potential Building
on the Main Raod
Rent:US$ 9-12/m2
Ref: BDR-002
Top Potential Building
on the Main Raod
Size: 25m x 50m
Rent:US$ 7,500/month
Ref: BDR-003
Building for Sale Urgent
20 Bedrooms, 13 Bathrooms
2 Living Rooms, 5 Cars Park
Selling Price: US$ 280,000
Total floor: 5 floors
Location: 12-14B, St.271, Trapaingchouk Village,
Sangkat Teo, Khan Seinsok, PhnomPenh
Ref: BDS-002
Building for Rent
Size: 1089 sqm
4 Floor
Rent:US$ 7,500 /month
Ref: BDR-001
Flat for Sale
Land size: 9m x 18.5m
Building Size: 8.2m x 16m
11 Bedroom, 11 Bathroom,
2 cars park, Good Security
Sale Price: US$ 180,000(Negotiate)
location: Teuk Tla
Ref: FFS-001
Immovable Property
Immovable property may be put up as surety by its owners to
secure the payment of a debt by way of mortgage, antichrèse
or gage.
• Mortgage
• Antichrese
• Gage
Mortgage :
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 other creditors
having such privilege and preference to be paid from the
purchase price.
Only immovable property registered with the land Registry
may be the subject of a mortgage.
The creditor cannot become the owner of the mortgaged
property itself by way of payment.
A contract of mortgage must be in authentic formula entered
into before the competent authority or a dully authorize
lawyer. The competent authorities to draft mortgage
contracts and the registration formalities shall be
determined by sub- decree.
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.
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.
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.
Property that is the subject of antichese may not be
mortgaged.
Antichrese:
Antichrese 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 antichrese 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
principle and interest.
A contract of antichrese shall be made in writing in
authentic form before the competent authority and then be
registered with a cadastral administrative body.
Antichrese shall be considered valid and no third party may
claim against it after the antichrese contract has been made
according to the formalities stated in article 207of this
law.
Any failure to register an antichrese 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.
The property subject to an antichrese 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 antichrese
contract and if, within a period of ten years from the date
of creation of an antichrese contract, the creditor fails to
commence a legal action to claim the amount of his debt, he
shall lose the guarantee of antichrese.
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
antichrese.
The lose of the guarantee of antichrese 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 antichrese shall be stricken from the
Land Register upon the demand of the debtor or by itself.
Whatever the case, the creditor cannot become the owner of
the property. Any clause contrary to thid provision shall be
considered null and void.
An antichrese 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 antichrese contract, the creditor
who is the beneficiary of the antichrese 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.
The creditor who occupies the property guaranteeing an
antichrese 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.
At the end of the an antichrese 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
property is destroyed through his act or fault, to the
debtor.
At the end of the contract of antichrese, 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 antichrese from the date the debtor asked for the return
of the property.
If the property consists of land and the payment due date
was not specified in the contract of antichrese, the
creditor shall continue to have the right to benefit from
the fruits or revenues 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 antiichrese, the
creditor shall deliver that property back to the debtor when
the debt is completely paid off.
Interest ceases to be due and payable from the date the
debtor offers to reply 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.
The payment of any duties, taxes or levies shall be the
responsibility of the debtor, unless otherwise agreed
between the debtor and the creditor.
Once the debts are completely paid off by the debtor, the
creditor may not retain the property subject to the
antichrese on the ground that the debtor is liable under
another debt, although such other debt is due and payable,
unless a new contract of antichrese 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.
Gage:
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.
The contract of gage must be made in writing in an authentic
form and it must be recorded in the Cadastral Register.
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.
When the debtor discharges the debt, on the due 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.
The debtor retains the management and use of this property
but is prohibited from any conduct that may decrease its
value.
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.
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.
Ownership of immovable property shall b e 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 map, 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 relevant encumbrances over such
parcel.
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.
A boundary is considered as joint and indivisible if it
cause a division of the land into many plots, such as
fences, public roads, canals and water routes that are at
least two meters wide.
The organization and functioning of the Cadastral
Administration shall be determined by sub- decree in
accordance with the provisions of this law.
The Cadastral Administration has the following tasks:
- To carry out systematic land registration 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 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 identify 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 owner’s 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 application at [the
application’s ] request;
- To register all mortgages, antichrese, gage, long- term
lease, 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, antichrese, gage,
long- term lease or easement.
The rate of fees that relate to the carrying out of the task
that are stated above shall be determined by a joint Parka
of the Ministry of Economy and Finance.
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
owner’s 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 Cadastral and Geography must further
determine the methods and standards relating to the
documents.
The provincial/ municipal and srok/ khan Cadastral Offices
shall implement all instructions issue 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.
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
accurred in their communes or sangkats.
Cadastral surveys must be made according to techniques and
methods specified by sub-decree.
Where necessary, the Cadastral Administration can request
the civil, military or police authority to assist it 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.
Any private individuals and in particular owners and
concerned person have the obligation to join and co-
operation 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.
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 themselves. For disputes occurring in
an area that is being surveyed according to systematic
registration system, an administration system, an
administrative commission has the duty to conciliate 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 papering on its registers. In no
case shall the Cadastral Administration amend or deliver
title to any other person.
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AN ECONOMIC LAND CONCESSION
Rubber Tree Plantation
Teakwood Plantation
Eaglewood Plantation
Fruit Farms
Ref: GL-001
Kratie Province
Ref: GL-002 Kampot Province
Ref: GL-003
Mondolkiri Province
Ref: GL-004
Mondolkiri Province
Ref: GL-005
Mondolkiri Province
Ref: GL-006
Mondolkiri Province
Ref: GL-007
Mondolkiri Province
Ref: GL-008 Mondolkiri Province
Ref: GL-009 Kampot Province Delegation of full powers from the Royal Government
of Cambodia(48,000 Hectar)
Ref: GL-010
Kampot Province
Factory for Rent
Land size:20,000m2
Building Size: 14,000m2
Renting Price: US$1,7/m2
Ref: WFR-001
Modern Villa for Rent:
11Rooms, 2 Living Rooms
Renting Price: US$7,000
Ref: VR-005
Modern Villa for Rent:
7Rooms, 2 Living Rooms
Renting Price: US$4,000
Ref: VR-006
Flat For Rent:
Flat size: 12m x 20m x 3floors
Renting Price: $US$3,000
Ref: FFR-002
For Sale:
Land size: 50 Hectar
Selling Price: $5,500/Hectar
Ref: LRA-001
For Sale:
Land size: 50 Hectar
Selling Price: $6,000/Hectar
Ref: LRA-003
Land For Sale :
Location: 15 km from PP along 4 National Road
Industrial Zone Area Surrounding to Factory and Village.
Land size: 1 Hectar
Selling Price: ...
Ref: LPP-005
:
