Land ownership transfer (Subsequence Land registration)

Subsequence Land Registration refers to the recording of all changes and modifications related to parcels of land that have already been registered. These changes include alterations in the physical characteristics and changes in the rights over the land.

Changes in the physical characteristics of a land parcel may occur:

1. By agreement such as:

• A transfer contract,
• sale and Purcahse,
• Exchange,
• Inheritance,
• Donation, and etc.;

2. By court decision such as:

• Court’s Ruling,
• Judgment or Court order.

Changes in land rights include the creation, recognition, modification, transfer, and cancellation of registered rights associated with the land parcel.

However, we hereby discussing about transferring by sale and purchase agreement only.

Formation of a Sale and Purchase Contract

A sale and purchase refers to a contract whereby one party, referred to as the “seller,” has the obligation to transfer ownership or other rights over a property (the subject) to the other party, referred to as the “buyer,” and the buyer, in turn, has the obligation to pay a price in money to the seller.¹

As a general rule, a sale and purchase contract may be formed by mutual agreement between the two parties alone. However, in cases where special provisions apply, those special provisions must be complied with.

A contract for the sale and purchase of immovable property is a contract in which one party undertakes to transfer ownership of immovable property or undertakes to perform actions resulting in the acquisition of ownership over immovable property, in accordance with the provisions of Article 336, paragraph 2 of the Civil Code. This article constitutes a special provision as referred to in Article 516, paragraph 1. Therefore, for a contract of sale and purchase of immovable property to be valid and enforceable, the agreement regarding the object and the price must be made in writing (authentic document).

In Practice:

In actual practice, the parties create a private agreement (in some cases bearing a lawyer’s stamp) to define the parties’ rights and obligations, along with other terms. They also complete the sale and purchase deed document in order to proceed with ownership transfer registration. In such cases, the parties proceed accordingly.

The Process for land ownership tranfer

The Seller and the Buyer shall conduct the following process and documents:

Application for Land Registration, both parties shall fulfil the application and sumit folowing documents:

Vente Definitive, which it is a authentic documents for ownwership transferring.

For further information, we will issue a the followign atilces.

1. Artilce515 of the Civil Code of Cambodia ↩︎

This article is for informational purposes only and does not constitute legal advice. It is not comprehensive, and readers should seek professional legal consultation for their specific circumstances. SOPHEAPCAMBOLAW retains full ownership of this content. Unauthorized reproduction, distribution, or use of any part of this article without prior written approval is strictly prohibited.

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