Hypothetical hard title vs. soft title conflict

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newkidontheblock
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Re: Hypothetical hard title vs. soft title conflict

Post by newkidontheblock » Tue Mar 27, 2018 1:12 pm

John Bingham wrote:
Khmer Filipinos
I'm curious as to why you'd single out this very small demographic.
Because that’s the demographic buying up land making new construction in the area. Not the mainland Chinese.
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Re: Hypothetical hard title vs. soft title conflict

Post by epidemiks » Tue Mar 27, 2018 2:07 pm

newkidontheblock wrote:
Tue Mar 27, 2018 1:10 pm
PSD-Kiwi wrote:Wait...are you saying that there is one large piece of land which is hard-title...but that same piece of land has been broken up into smaller plots which have soft titles?

Or are the soft title plots separate from the hard title plot?
The first is correct. Hard title land. Villager builds on a piece of land and get soft title. Another villagers does the same, etc.

Development is increasing in this area and I can foresee that this may be a future problem.

Hypothetical question is if an inventor buys one of the soft title sub plots and converts to hard title. Can he override and break up the missus’ hard title in small pieces?

Or hypothetical vice versa. Way in the future great grandkids sell the hard title to an inventor. What happens to the soft title sub plots?

Right now villagers live on all the land so hard title, soft title, ownership is pretty much in flux and not so important. But once it becomes investors and companies, it could get ugly.
You'll need to be a bit more clear about what's going on.

So, your missus' family has a piece of hard titled land. It is theirs outright.

Then, what's happening? Scenario A or B, or something else?

A. The family have sold parcels of this hard titled land to others, who have received soft titles from the commune.

B. Random villagers are building on the land without permission, and then claiming soft titles from the commune, despite your missus' family owning the land outright.

AFAIK, a soft title is not able to be acquired for a piece of land that has an ownership certificated issued by the Land Management and Planning Office of the Ministry of Land Management Urban Planning and Construction (a hard title) without legally subdividing the land, thus the sold land is no longer owned by the former title holder.

If the commune is issuing soft titles on top of a piece of hard titled land, I would think that your missus' family should be reporting it to the Ministry fucking ASAP http://www.mlmupc.gov.kh/

Khmer Philippinos? I didn't know that was a thing.
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PSD-Kiwi
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Re: Hypothetical hard title vs. soft title conflict

Post by PSD-Kiwi » Tue Mar 27, 2018 2:46 pm

AFAIK, a soft title is not able to be acquired for a piece of land that has an ownership certificated issued by the Land Management and Planning Office of the Ministry of Land Management Urban Planning and Construction (a hard title) without legally subdividing the land, thus the sold land is no longer owned by the former title holder.

If the commune is issuing soft titles on top of a piece of hard titled land, I would think that your missus' family should be reporting it to the Ministry fucking ASAP http://www.mlmupc.gov.kh/

^ This is spot on.

The only legal/safe way to do it is to lease the plots.
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Re: Hypothetical hard title vs. soft title conflict

Post by drozd » Tue Mar 27, 2018 2:46 pm

newkidontheblock wrote:
Tue Mar 27, 2018 1:10 pm
PSD-Kiwi wrote:Wait...are you saying that there is one large piece of land which is hard-title...but that same piece of land has been broken up into smaller plots which have soft titles?

Or are the soft title plots separate from the hard title plot?
The first is correct. Hard title land. Villager builds on a piece of land and get soft title. Another villagers does the same, etc.

Development is increasing in this area and I can foresee that this may be a future problem.

Hypothetical question is if an inventor buys one of the soft title sub plots and converts to hard title. Can he override and break up the missus’ hard title in small pieces?

Or hypothetical vice versa. Way in the future great grandkids sell the hard title to an inventor. What happens to the soft title sub plots?

Right now villagers live on all the land so hard title, soft title, ownership is pretty much in flux and not so important. But once it becomes investors and companies, it could get ugly.
Your family have leased out or sold those pieces of land?
If they are on a lease, no title under the hard title.
If they are sold your family need to apply for new hard title, they pay for that, pay tax for the sale and conversion of title and they have to do this for every sale done.
Under a soft title it's much easier and cheaper to divide the title.
If the village chief, or someone else do issue soft titles under a hard title... He's corrupted.
You better be careful your family might be involved in not that good deals.
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newkidontheblock
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Re: Hypothetical hard title vs. soft title conflict

Post by newkidontheblock » Tue Mar 27, 2018 3:29 pm

It’s the village, not the big city like Phnom Penh. All sorts of informal stuff going on. Mostly crazy, hard to believe fish tales.

But at least I have an idea of legal standing if any challenges occur in the future. (Like the in-laws can’t be forcibly removed from their home.)

Never hear about Khmer Filipinos before either. Apparently, they’ve bought up land and made a new soccer stadium, maybe the golf course? and are making a bigger and bigger presence.
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Re: Hypothetical hard title vs. soft title conflict

Post by PSD-Kiwi » Tue Mar 27, 2018 5:14 pm

You living in the village New Kid? How was the wedding? looking forward to some pictures
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Re: Hypothetical hard title vs. soft title conflict

Post by epidemiks » Tue Mar 27, 2018 6:49 pm


newkidontheblock wrote:It’s the village, not the big city like Phnom Penh. All sorts of informal stuff going on. Mostly crazy, hard to believe fish tales.

But at least I have an idea of legal standing if any challenges occur in the future. (Like the in-laws can’t be forcibly removed from their home.)

Never hear about Khmer Filipinos before either. Apparently, they’ve bought up land and made a new soccer stadium, maybe the golf course? and are making a bigger and bigger presence.
If it was mine I wouldn't be waiting around for anyone to challenge anything.

If their hard titled land can be possessed by farmers, effectively stolen if the newcomers are getting titles while they sit back and watch, just about anything is possible.
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