Notary/Notaire Counsel of the Kingdom of Cambodia
 

 


NOTAIR OF THE KINGDOM OF CAMBODIA

Extract Important Articles of Land Laws
relating to the Notary Law

 

Article 65: The transfer of ownership can be enforceable as against third parties only if the contract of sale of immovable property is made in writing in the authentic form drawn up by the competent authority and registered with the Cadastral Registry Unit.
The contract of sale itself is not a sufficient legal requirement for the transfer of the ownership of the subject matter.

Article 68: The seller shall guarantee to the purchaser, by contract, than the immovable property sold is free of any significant latent defects [and] if not, such sale shall be subject to rescission.


Article 120: 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 usufructuary 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.


Article 139: 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 inhabitant are determined by the provisions of the contract in the form of an authentic deed; or by provisions of law concerning these rights.


Article 161: 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 servant 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.


Article 201: A contract of mortgage must be in authentic form entered into before the competent authority or a duly authorized lawyer. The mortgage contract must be registered with a Cadastral Administrative body. The competent authorities to draft mortgage contracts and the registration formalities shall be determined by sub-decree.


Article 207: A contract of antichrèse shall be made in writing in authentic form before the competent authority and then be registered with a Cadastral Administrative body.

Article 208: Antichrese shall be considered valid and no third party may claim against it after the antichrese contract has been made according to the formalities stated in article 207 of this law.
Any failure to register an antichrese contract with a cadastral administrative body will cause the creditor to lose his secured collateral rights and the creditor only has the right to bring an action for reimbursement under the law in force.


Article 220: The contract of gage must be made in writing in an authentic form and it must be recorded in the Cadastral Register.


Article 244: Cadastral attestations constitute official confirmation of legal documents.
Ownership of immovable property can be established by documents of sale, gift, exchange, succession made by any person authorized by article 65 of this law. They must be filed with the Cadastral Administration.


Article 245: A contract of sale, donation, exchange or succession that is made as a private document may not be registered. It shall be effective against third parties only if the contract meets the formalities determined in article 244 of this law.


Article 246: If the contract of sale, donation, exchange or succession has been made in authentic form by an authentic person but has not been registered with the Cadastral Administration, such contract remains ineffective against third parties, and the owners and assigns are personally liable for the failure of such registration.


Copyright 2012 Notary/Notaire Counsel of the Kingdom of Cambodia