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Next tip: When the right to own land terminates?

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An application to acquire land for ownership should be submitted to the Governor of the soum or district of the respective residence.

The governor who accepts the citizen‘s application renders a decision regarding the ownership of the land.

The Property right Registration Office issues a Certificate of the Real Estate Registration based on the decision of the Governor, upon which the right of a citizen to own land is guaranteed/ensured.

According to the laws of Mongolia, a citizen is prohibited to transfer the owned land to the ownership of foreign citizens or stateless persons through sale, trade, gift or pledge...

What are restrictions with respect to the right to the ownership of land?

According to the laws of Mongolia, a citizen is prohibited to transfer the owned land to the ownership of foreign citizens or stateless persons through sale, trade, gift or pledge; let others possess or use the land without due permission of the Governor of soum or district; to use the owned land in violation of interests and concerns of the population health, environment and national security; misuse the owned land. According to the law, foreign citizens and stateless persons married to citizens of Mongolia are not entitled to own land.

When the right to own land terminates?

The right to own land terminates in the following cases:

• Upon transfer of the owned land to ownership of other citizens;
• Upon relinquishment of the right to own land;
• Upon renouncement the citizenship of Mongolia;
• Upon other grounds provided by law and legislation, or upon court decision or decision of the Government.Upon other grounds provided by law and legislation, or upon court decision or decision of the Government.

What organization resolves the disputes regarding the right to own land?

If a citizen considers that the state organization or officer unlawfully causes burdens in implementation of his/her right to own land, then he/she is entitled to submit a complaint to the state organization or officer of its higher level. For example, a complaint regarding the decree on invalidation of the right to possess or use the land, or a complaint regarding the decision of the Governor on invalidation of the Certificate, should be submitted to the Governor of the higher instance.

The organization or officer who received the citizen’s complaint is obliged to resolve it and respond to within 30 days. In case if the state organization or officer i did not respond, or the citizen did not agree with the rendered decision, he/she has a right to apply to the court of law.

What is a common property of a family?

According to the Article 126 of the Civil Code of Mongolia, all properties accrued for the period of life together since the marriage, except for personal properties of family members, shall be a common property. The following properties shall be the common property of family members:—profits earned in the course of joint labour and economic activities off family members, as well as other revenues, cash accumulation and property which is newly accrued;—movable or immovable properties earned by incomes of common property of family members;—dividends and securities;—other properties accrued since the marriage, notwithstanding at whose name of spouses or family members the property is registered;— asset, cash accumulation transferred from separate property of a family member for the purpose of common ownership.

If members of a family modified a personal property of family member with capital repair, renovation or equipment, thus significantly increasing its price or devoted it to a new family (as apartment, ger, house or court), that property may be determined as a property of common family ownership. Spouse or other members of the family who did not earn income since the marriage due to household works, child caring, sickness or for other good reasons, shall be entitled to ownership of their family’s common property.

Source: The Mongol Messenger ©

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