How To Resolve Land Disputes

• 10 March 2021
• Property Focus
• 8299 Views

Most people probably think that every time there is a land dispute, they must go to trial. However, a trial is the final procedure after many settlement mechanisms being undertaken. What are those mechanisms and how should they be implemented?

There are two kinds of land disputes in Cambodia, according to a joint Prakas dated 26 November 2003. First, a registered land dispute must be resolved by the court. Second, unregistered land disputes on the other hand will be resolved by many levels of authorities including:

A. The Commune / Sangkat Authority
The commune/Sangkat authority only reconcile opinions but do not make decisions. Mostly, cases are audited in front of the Commune / Sangkat officers before being sent to a higher level for further resolution.

B. The Administrative Commissions
Administrative Commissions are established in all areas that are undergoing systematic land registration. The commissions receive complaints and resolve all disputes using mediation methods. In cases where mediation is not possible, the case shall be referred to the Cadastral Commission.

C. The Cadastral Commission
The Cadastral Commission is responsible for resolving disputes over unregistered lands as well as disputes that cannot be resolved by Administrative Commissions. The Cadastral Commissions consist of three levels including the National Cadastral Commission, the Provincial/Municipal Cadastral Commissions, and the District/Khan Cadastral Commissions.

District/Khan Cadastral Commission is the first step. In cases where no agreement is reached, it will be referred to the provincial level, and later to the national level, respectively. Moreover, the parties also have the right to appeal the decision of the National Cadastral Commission to the court within 30 days after receiving the decision.

D. The National Authority on Land Dispute Resolution
This authority is a special team authorised to solve and audit cases of land disputes that are beyond the competence of the National Cadastral Commission. This authority will pick cases based on their discretion. However, most are cases involving senior government officials or influential individuals in society.

E. Court
Courts have jurisdiction to solve any registered land dispute and also complaints filed by parties who do not agree with the decision of the National Cadastral Commission. Any disputes concerning a contractual or inheritance dispute must also be referred to the court, regardless of whether the land is registered or not.

In addition to the aforementioned mechanisms, an individual can also file a complaint to the relevant ministries, departments, and/or institutions to facilitate and expedite the work of resolving land disputes.

Overall, the most used mechanisms for resolving land disputes in Cambodia are the Cadastral Commission and the court system, as the two provide the most convenient procedure.

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