Summary
Under Cambodia's 2001 Land Law, ownership of immovable property is guaranteed by the state. The Cadastral Administration, under the Ministry of Land Management, Urban Planning and Construction, is responsible for issuing ownership titles, registering land and informing any person of a parcel's status: its nature, size, owner and any encumbrances. A buyer who asks for that information before paying can learn whether the seller is the registered owner.
A case before the Stung Treng Provincial Court shows what can go wrong. A landowner alleges that local officials forged documents and transferred about 11 hectares of her farmland to other people without her consent. The allegations have not been tested in court.
The Stung Treng case
The landowner, a 37-year-old civil servant from Preah Vihear province, filed a criminal complaint with the Stung Treng Provincial Court on 3 October 2026, Khmer Times reported. She accuses four local officials of conspiring to forge land documents and transfer her two plots in Thala Barivat district, bought in 2017, to a local couple on 2 June. She is seeking US$400,000 in damages, US$100,000 from each official.
One plot, of 42,213 square metres, is covered by an ownership certificate issued on 24 January 2019; the other is covered by a transfer document dated 29 December 2017, according to the complaint as reported. The provincial governor suspended one of the accused, a provincial administration official, on 14 October. On 22 October a court spokesman said, according to Khmer Times, that a deputy prosecutor had ordered him detained; he was the only one of the four in custody, and he denies the allegations. Investigations into the transfers and title deeds are continuing.
Ownership title versus title of possession
The Land Law draws a distinction that matters to buyers. Where the cadastral plan and land register have not yet been completed, authorities may issue titles of possession. Article 40 states that such a title is evidence of possession but is not in itself a title of ownership and is not indisputable. It becomes a definitive title of ownership only if there is no dispute over the property when the land register is created.
In the Stung Treng case, one plot is backed by an ownership certificate and the other by a transfer document, according to the complaint as reported. The two give the buyer different levels of protection.
What the law says about selling land you do not own
Article 255 of the Land Law provides that any person who sells, or uses as security, immovable property that does not belong to them may be imprisoned for 6 months to 3 years, without prejudice to civil damages. Article 261 provides that an official who abuses their power to seize property from a peaceful occupant, including through the falsification or wrongful creation of titles, faces a fine of 10,000,000 to 25,000,000 riels and administrative sanctions.
A step-by-step check
- Get the title document from the seller and note the parcel number, area and the name on it.
- Ask the cadastral office for the parcel's status. Article 226 makes the Cadastral Administration responsible for informing any person of a parcel's owner, size and any encumbrances.
- Check whether the document is an ownership title or a title of possession. Under Article 40, a title of possession isn't conclusive proof of ownership.
- Match the seller to the registered owner. If they differ, ask for the documents that link them.
- Ask about encumbrances and disputes. A mortgage, pledge or pending claim can follow the land.
- Pay only against registration. Consider releasing funds only once the transfer can be recorded in the seller's registered name, and ask your lawyer about escrow or staged payment.
What this means for Cambodia
The Land Law gives buyers the means to check a title: a state guarantee of ownership and a duty on the Cadastral Administration to disclose a parcel's status. The Stung Treng complaint shows why that check should not be skipped, even when a document looks official and local officials are involved in the transfer. Foreign buyers can't hold land in their own names under Article 8 of the Land Law, which reserves land ownership for natural persons and legal entities of Khmer nationality, but those using lawful structures face the same title risk.
What to do next
- Ask for the parcel's status from the cadastral office before you pay a deposit.
- Have a lawyer review any title of possession or transfer document.
- Keep copies of every document and receipt in the transaction.
- Find and list Cambodia property on ProprKey: proprkey.com/en/onboarding
Related: Can foreigners own land in Cambodia? Perpetual leases explained 2026
This article is general information, not legal advice. Land law and procedures can change. Consult a licensed Cambodian lawyer before any transaction.