SOPHEAP​ CAMBO. LAW

Infringements on onwership.

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Infringements on Ownership

Article 247 (new)

The infringements against ownership and the other rights relating to an immovable property can constitutes a penal offense punishable in accordance with the provisions of this law and the damages caused by such acts shall be compensated by civil remedies.

Article 248

The following acts are considered as infringements on ownership and other legal rights to immovable property and constitute penal offenses under this law:

  • An act or conduct, in fact, that is an intentional violation of the occupation of an immovable property in breach of a title issued by the Cadastral Administration;
  • An act or conduct, in fact, that is a hinders the peaceful holder or possessor of immovable property in an area not yet covered by the cadastral index maps, the ownership rights of which have not yet been fully strengthened under this law;
  • An improper or illegal beginning of occupation of state public property or state private property that is not in accordance with the provisions of articles 17, 18 and 19 of this law;
  • A transformation of a concession into ownership except in the case of a land concession responding to a social purpose.

Article 249

An infringement against ownership within the scope of the
preceding article may be committed by a competent authority or by an individual acting alone or in conspiracy with agents of the authority.

Article 250

An official or competent authority that infringes a lawful right to immovable property shall be liable for an administrative penalty in addition to a criminal penalty and civil damages.

Part 1 – Infringements against Public or Private Property Committed by
individuals
Sub-part 1 – Infringements against private ownership

Article 251

Any person who falsifies a title with the intent to make an official use of it, regardless of its form, shall be subject to imprisonment from one (1) to five (5) years.

Article 252

Any person who misleads or deceives Cadastral dministration
officials in the exercise of their tasks or the authorities in registration of land shall be punishable by a fine from 500,000 (five hundred thousand) Riel to 3,000,000 (three million) Riel and/or imprisonment from of 1 (one) month to 6 (six) months.

Article 253

Any person who uses violence against a possessor in good faith of an immovable property; whether or not his title has been established or it is disputed, shall be fined from 1,500,000 Riel to 25,000,000 Riel and/or imprisoned from six (6) months to two (2) years irrespective of the penalty
for violence against a person.

In addition to the above penalty, the violator shall be liable for civil damages that were caused by his violent acts.

If the violence was ordered by a person other than the perpetrator, who did not personally participate in the commission of such violence, he shall be subject to the same penalties as the perpetrators of the violence.

Article 254

Under no circumstances shall the use of private force be authorized in order to protect a person’s title to property or to enforce a court order for the expulsion or forced removal of an occupant. Any person who uses private force for the above purposes shall be fined from three million (3,000,000) Riel to twenty five million (25,000,000) Riel and/or imprisoned from six (6) months to two (2) years.

Article 255

Any person who sells, or uses as a surety, immovable property that does not belong to him shall be punished by imprisonment from six (6) months to three (3) years, without prejudice to any civil damages caused by his.

Article 256

An owner who cultivates on his own land, or who ntentionally
provides or rents land to a third person to cultivate crops that are prohibited by law or regulations, shall be fined from fifteen million (15,000,000) Riel to forty five million (45,000,000) Riel and shall be imprisoned under the law in force .

Article 257

A co-owner of indivisible ownership who infringes on the
commonly owned part of immovable property as stated in Article 180 of this law, shall be fined from one million five hundred thousand (1,500,000) Riel to nine million (9,000,000) Riel. In case of repeated offenses, the infringing co-owner shall be subject to double fines.

Article 258

A co-owner who refuses to fulfill his obligation related to the
maintenance of the common parts of co-owned property or who does not respect the public order restrictions as stated in article 185 of this law shall be fined from five hundred thousand (500,000) Riel to three million (3,000,000) Riel.

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