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There is a misunderstanding among citizens regarding the ownership, possession and use of land. These relations differ from each other, and their legal regulations also are different.

Land ownership means keeping the land (a plot of land) under own control with the right to dispose it, and using of its benefits. The right to dispose means selling or gifting or inheriting or trading or pledging the land to others The right to land ownership is a subject matter exclusively to the citizens of Mongolia and state of Mongolia. According to the provision 3 of the article 6 of the Constitution of Mongolia, citizens are prohibited to transfer the land in their possession to foreign citizens and stateless persons. In other words, foreign citizens, stateless persons and any legal persons cannot own land.

Land possession means keeping the land under own control in compliance with the purpose and terms specified in a contract within the law scopes The right to possess land includes the right to use it. This right is a subject matter to citizens and legal entities of Mongolia.

Land use means the use of the land with the purpose to utilize one of its benefits in compliance with the contract concluded with the land owner or possessor within the limits specified in the law. According to the article 6, provision 5. of the Constitution of Mongolia that provides “The State may allow foreign j nationals, legal persons, and stateless persons to lease land for a specified period 3 of time under conditions and procedures as provided by law", citizens of Mongolia, foreign citizens, stateless persons. legal; entities of Mongolia and foreign countries, diplomatic and consular bodies of foreign r countries and representatives offices of international organizations are persons authorized to possess the land.

There is a misunderstanding among citizens regarding the ownership, possession and use of land. These relations differ from each other...

Purposes and size of the land for ownership to citizens of Mongolia

1. For family needs (depending on location, in the capital city — up to 0.07 hectares; in the centers of aimags — 0.35 hectares; in the centers of soums — 0.5 hectares).

2. For agricultural purposes (depending on location, fertility and purpose):

a) In case if the land is currently possessed in compliance with the appropriate regulations, the size will be equal to the amount of that land;

b) In case of new ownership for agricultural purposes, the size will be equal to the size of the land sold through auction.

Purpose, size and term of the land for possession

Land is given for possession only ; by license that specifies the particular l purpose, size and location. There are the following types of licenses:

1. Land License for common family, needs:

a) Land of not more than 0.07 hectares for private dwelling, house and fences.

b) Land of not more than 0.1 hectares for growing of vegetables, fruits and crops.

c) Land for agricultural purposes (for growing grain — up to 100 hectares; for growing vegetables — up to 5 hectares).

2. Land License for state bodies/organizations.

3. Land License for enterprises and organizations:

a) For growing grain and nourishing plants (in aimags — up to 3000 hectares, in capital city — up to 200 hectares)

b) For growing potatoes, food vegetables and other crops (in aimags — up to 50 hectares, in capital city — up to 5 hectares)

c) For sole engagement in natural hay-making (in aimags — up to 1500 hectares, in capital city — up to 100 hectares)

d) For hay-making for local needs (in aimags — up to 400 hectares, in capital city — up to 50 hectares)

e)For possession of land to those| exploiting mining out off the border lines of cities, villages and other settlements (in aimags — up to 5000 hectares)

f) For possession of land to those exploiting mining inside the border lines of cities, villages and other settlements (in aimags — up to 25 hectares).

Land is given for possession to citizens, enterprises and organizations of Mongolia for the period of 15—60 years. The one time term of the extending the Land possession License is not more than 40 years.

Source: The Mongol Messenger ©

Lawyer's advice. In cooperation with Hanns-Seidel-Foundation Project Mongolia and its “Legal Education" Academy