Land Appropriation in Siem Reap

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Ot Mean Loi
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Re: Land Appropriation in Siem Reap

Post by Ot Mean Loi »

NO, I am not involved in THIS dispute.
I am asking about the strength of your Title and what you are doing about this?

I, too, wish to get clear title - very secure title, to land in both Kratie city and Kum Champa District in Takeo Province, but the very first step in both cases is security of title. Repeat, security of title.

Let this be a lesson to those that do not exercise due diligence and who try to save a few a few dollars by not undertaking due diligence and engaging appropriate legal advice for the transfer of title

OML
Element6
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Re: Land Appropriation in Siem Reap

Post by Element6 »

samrong01 wrote: Mon Sep 28, 2020 3:09 pm I did not pay - the previous owner paid. I hold an official receipt from the Land Office which is considered to be good title but not hard title.
I am by no means an expert so base my comments on the experiences I and people I have known have had.

Unless you have hard title you are pretty unprotected. Even why buying hard title you are supposed to get ministry of land and all neighbour's to come and confirm the positions of posts (ask me how I know this one....) or the land you think you are buying may be misrepresented. There is often a discrepancy between original title posts and the new LMAP posts and the latter will be used in case of dispute.

Soft title for an upper story apartment in town can be quite ok but on land it leaves you very exposed.

You can get a piece of paper saying that your land has been measured as part of the hard titling process but it is no guarantee that the hard title issued will match with the assumed extent of the soft title owners expectations. This is especially true as pointed out above when you are adjacent to road, water, other public land. Most (all?) people I know have lost some of their land in the conversion from soft to hard as they have tended to encroach over time as they were previously unchallenged. Some of this encroached land has even been bought and sold in its own right as if the owner had legal possession.

Look at many roads in Cambodia and usually you can see the extent of the government land delineated by power lines/poles. It is amazing how much people build over this and then feel they own it and should be compensated. Usually however the hard structures end right on the line and metal structures protrude over it.

In the past people liked soft title as it saved 4% registration tax but for some that will be a decision they come to regret. I believe there was a move to charge the 4% on soft title transfers too but I am not sure did it ever happen.

I am sure it is a horrible situation for all those involved but it may be possible that despite lengthy stays on the land they do not have a right to ownership
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Re: Land Appropriation in Siem Reap

Post by TWY »

I drove around a bit late this morning/early afternoon. And I did see two areas where excavators were already demolishing buildings. What was interesting to me is that neither one would in any way be involved in a road to the airport. So I would say this is some sort of concerted effort to take back land that the government feels is appropriated to road (or other infrastructure) use. One structure I saw them smashing up wasn't a small building and I would assume was owned by someone with some money.

One other interesting thing I saw was that a group of government officials along with several military police were meeting just across the bridge on route 6 (by the circle). So I would assume they are actually preparing to have tight security soon. My guess is the short notice is to ensure no one can organize protests as they will be too busy finding a place to live short term.

Feel bad for the folks with small homes that are going to struggle to replace them anywhere near Siem Reap at a reasonable price.
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Re: Land Appropriation in Siem Reap

Post by samrong01 »

News Update:
1. HE is not coming to Siem Reap on 16th November. Tien Ban (not sure of spelling) will come instead. The reason is fairly obvious.
2. The shops on the north side of the Old Market will be demolished and I believe also the shops on the opposite side of the road. These structures almost certainly have full hard title.
3. Goldiana Hotel apparently refused to demolish their building and the government is diverting the road around the hotel. They have taken neighbouring land with hard titles instead.
4. For those who have never seen land with hard title taken without compensation: now you have. This supports my contention that there is no such thing as secure title in Cambodia.

It is heartbreaking for me to see my neighbours packing up all their stuff and salvaging whatever materials they can from their houses. These people are NOT squatters. They bought their land in good faith and believed they had good title registered in the land office. Most people do not have the level of expertise in land laws as many people here seem to. They are mostly young families with children with many having had their livelihoods destroyed by the covid hysteria. Their children have had no education for the past 6 months. Now they have lost their houses as well. Currently they are very despondent but I believe this will change to rage very soon.

One disturbing detail I have seen is that of some officials going around town wearing Khmer Rouge scarves. This is unlikely to reassure the locals.

At the suggestion of one poster I did contact the author of the Phnom Penh Post article to see if he was interested in seeing for himself. Unsurprisingly no response. He was just passing on a message from the government and is not a real journalist. The most hilarious feature of the article was his statement that all 38 projects will be completed by 16th November. He must at least have a sense of humour.

In response to TWY, demolition work will not start on the airport road until 2nd October. I believe the demolition going on off Highway 6 is for a new road parallel to Watbo Road - one of the 38 projects.
Soyoung123
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Re: Land Appropriation in Siem Reap

Post by Soyoung123 »

My understanding is that a clause in hard title says the government can claim land and compensate the owner. That is one of the reasons some have refused hard titles.

The road behind Wat Damnak has been leveled. Except for the old lady fortune teller on the corner. Nobody wants to deal with the repercussions.

That’s surprising about the Goldiana. But might explain why it’s been closed so long. Even Steung Siem Reap has to replace its wall. Not sure compensation but they do seem to be holding Oknyas somewhat accountable.

I wish they just made Siem Reap a Luang Prabang. Maximum 15 seater in and around town. Big buses can load up at the bus station to drive to and from Phnom Penh. Then load up in small vans. Would create so many jobs.

Development hurts.
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PSD-Kiwi
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Re: Land Appropriation in Siem Reap

Post by PSD-Kiwi »

If all of what you say is true why are we not seeing any reports in the media, or especially on social media...mass land grabs with no compensation would have Facebook, Fresh News, etc blowing up :unknown:

Some very good, valid posts in this thread from OML and others.
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peter.john
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Re: Land Appropriation in Siem Reap

Post by peter.john »

very sad to see many Khmer families yesterday in tears.i spoke to a few in one street, it could not have happened at a worse time with many out of work for 6 months no money to take down there homes, no where to go, a real kick in the guts when they are already down, imagine having only days to take away all your belongings, than dismantling your home, saying good bye to your neighbours , having no where to go,and doing this with little to no funds, some of these homes are home to 3 generation of folks,all living together, some also had a small business attached. the shock came first, the tears second, most sane folks know what will come next.
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Re: Land Appropriation in Siem Reap

Post by samrong01 »

PSD-Kiwi wrote: Tue Sep 29, 2020 9:28 pm If all of what you say is true why are we not seeing any reports in the media, or especially on social media...mass land grabs with no compensation would have Facebook, Fresh News, etc blowing up :unknown:

Some very good, valid posts in this thread from OML and others.
Of course you should not believe me without proof. I invite you to go and look for yourself. The surveyors have marked the areas that they will demolish - their marks in red paint are there for all to see. Talk to the people. There are queues of small trucks removing people's belongings. As to why there is not much on Facebook, perhaps the notice has been so short that people are too busy to access social media. The article in Phnom Penh Post should be a clear message that the government controls the media. CEO is social media and I am reporting what is happening. I have time because my house is not being taken. This thread was intended to report on people who are suffering and on the potential for violence, not to talk about the finer points of property law.
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peter.john
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Re: Land Appropriation in Siem Reap

Post by peter.john »

i think anyone living in Siem Reap will know whats going on,its the talk of the town, lots of people and business effected,my guesthouse is full with displaced folks, i am thinking of living on my boat for awhile so another family can come here, i live in my guesthouse but just taking up room, we are talking real people, real families, real problems,i agree the folks affected are working 18 hours a day to remove there stuff.
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PSD-Kiwi
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Re: Land Appropriation in Siem Reap

Post by PSD-Kiwi »

Oh I am not doubting that this is indeed happening, but in my experience if people were losing their legally owned, hard Titled land without compensation then there would be an uproar and would be all over social media, just seems odd that those affected are not making their voices heard.
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