Understanding Six Types of Property Ownerships in Cambodia

• 23 April 2021
• Property Focus
• 12711 Views

For most people, property ownership might only refer to public or state ownership. However, according to the Land Law and the Civil Code, ownership of immovable property is divided into six categories.

1) Private Ownership

This type is the most common that all legal immovable property owners possess. It shows that the property is privately owned by you. According to Article 138 of the Civil Code, the person with the legal title has the full right to use and possess that immovable property.

2) Undivided ownership

Undivided ownership is a type of ownership on property that has more than one owner. However, the property cannot be subdivided into each unit for each owner, which means all owners hold only one ownership title deed. Simply put, 10 people jointly buy a house. All of them will get only one title deed and they also cannot divide the house into ten pieces.

Given this type of ownership, you must have the consent of every owner if you are willing to sell the property, either just your share or the whole property. Thus, as buyers, one should always check the detail on the ownership title deed before buying.

3) Co-ownership (or Strata-Title)

Co-ownership property is the property that is owned by more than one owner and the property can be divided into small plots for individual owners, which means each owner has their own title deed. Meanwhile, the remaining space is known as a common area shared by every owner, yet cannot be sold. (Article 175 of the Land Law)

For example, a condominium is a co-owned property where each owner own their private units with a specific ownership title deed, while public spaces such as gardens, swimming pools, or elevators are shared between all co-owners.

4. Collective Ownership (or Community Ownership)

This refers to the immovable property owned by the community in which all members of a group share mutual benefits, such as Buddhist temples or indigenous people community lands. According to Articles 20 and 23 of Land Law, this type of property cannot be sold, exchanged, donated or owned by any individual.

5. State Public Ownership

This refers to the immovable property of the state being used for public benefit. Public property includes but is not limited to bridges, roads, parks, public schools, public hospitals, temples, lakes, rivers, seas, forest, and administration buildings, among others. According to Articles 15 and 16 of the Land Law, this type of property cannot be traded.

6. State Private Ownership

This refers to the state land that no longer has public usage. Simply put, this type refers to state land that has been transferred to the private sector. The transfer can be done in form of economic or social land concessions, for example. This type of land can be sold, rented out, or transferred, but under limited conditions (Article 16 of the Land Law).

In sum, understanding the six types of property ownership will help you avoid fraud and illegal purchasing as you can always check on the property title deed for verification.

• Laws and Regulation