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
Limited Proprietary Rights:
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.
The forms of limited proprietary right include usufruct, use
and habitation, and easement.
- Usufruct
- The Rights to Use and Habitation
Part1- Usufruct :
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.
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 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.
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.
Any natural fruits attached to the land at the time the
usufruct beings 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.
Civil fruits shall benefit the usufructuary in proportion to
the duration of the usufruct.
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.
The usufructuary has all the easements and generally all
right that the owner may enjoy, except the right to dispose
of the property.
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.
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.
The bare owner may not impede the rights of the usufructuary
in any form whatsoever.
The usufructuary, at the end of the usufruct, may not claim
any indemnity for immovable property improvements made by
him during the usufructuary in any form whatsoever.
The usufructuary, at the usufruct, may not claim my
indemnity for immovable property improvement 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 excising buildings, as long as they restore the premises
to its original condition.
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
the case, the usufructuary is responsible for repairs
himself.
Major repair 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.
Neither the bare owner nor the usufructuaries are obligated
to reconstruct anything that has deteriorated or is
destroyed by force majors.
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.
While benefiting from the usufruct, the usufructuary shall
be responsible annually for the immovable property changes
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.
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 the himself inflicted.
The usufruct shall end:
• Upon the death of the usufructuary;
• 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.
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.
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 the usufructuary has
expressly waived such rights.
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 II-The Rights to Use and Habitation :
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 ands 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.
The rights to use and habitation are created and lost in the
same manner as usufruct.
The rights to use and habitation of the user and
inhabitation are determined by the provision of the contract
in the form of an authentic deed; or by provisions of law
concerning these rights.
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.
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
expense pro rata in accordance with the portion enjoyed.
A land easement is a burden on a land, referred to as
servient or lower land the use and benefit of another land,
referred to as the dominant or upper land, belonging to
another owner.
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.
Lower land shall receive waters flowing naturally from upper
land.
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.
The owners 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 provision of the last paragraph of article 144.
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.
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 interest shall
determine the limits within which an owner may perform
certain acts on his own land, provide that he does not
infringe the rights of owners of neighboring lands.
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 excising 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
processed/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.
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 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 distance to be respected or concerning
supporting works.
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.
An owner may not plant big or small tree 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.
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.
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.
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.
An owner, who wants to use water that 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 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.
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 property with hygienic methods.
Any riverside owner who wants to use the for the irrigation
of his land may obtain the right to put on the land of the
land opposing bank the necessary industrial equipment for
the taking of water against payment of compensation.
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.
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.
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.
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 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.
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.
The owner of the servient land may not do anything that
tends to reduce the use of the easement or make it unusable.
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 the
right, and the owner the dominant land may not refuse.
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.
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.
Advertisement
New Page 1
Promotion
New Page 1
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
:
