CLASSIFICATION OF LAND IN MYANMAR (Part I)
By Khaing Thanda Lwin
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I. LAND CLASSIFICATION, SERVICES AND LIMITATIONS OF YANGON CITY
DEVELOPMENT COMMITTEE
Excluding
state-owned land, land at the disposal of the government, land owned by
government departments, revenue-free religious land, revenue-free Buddha Thein
land, farmland, and vacant and virgin lands, the Land Administration Department
under Yangon City Development Committee (YCDC) is responsible for managing, in the
municipal area, the committee-owned land, land administered by the committee, land
acquired by the committee in accordance with existing laws, privately-owned
land, land granted to private individuals under licenses, permits, or lease
agreements issued by the committee, in accordance with Section 38 of the Yangon
City Development Law[1]
enacted in 2018.
1.1 Land Classification Under YCDC
Management
The
temporarily approved Urban Land Management Procedures[2], as referenced in the
Yangon City Development Committee’s Meeting Minutes (3/2017) of January 23,
2017, classifies the land as follows:
1.1.1 Ancestral land (Freehold Land)
As
per Section 4 (10) of the Lower Myanmar Town and Village Lands Act, “Ancestral
land” (Freehold Land) refers to uncultivated land that has been owned since the
time of the ancestors and has the right to be transferred.
1.1.2 Owned Land
Owned
land refers to land that has been systematically developed and sold within the
boundaries of an urban area and is legally possessed by purchasers who hold landownership
rights.
1.1.3 Grant-owned Land
Grant-owned
land refers to land classified as having rights and status equivalent to
ancestral land, as permitted under Section 7 (a) of the Lower Myanmar Town and
Village Lands Act.
1.1.4 Licenced Land
Licenced
land refers to land permitted by the Yangon City Development Committee for
temporary use in accordance with regulations under Paragraphs 30 and 34 of the
Lower Myanmar Town and Village Lands Rules.
1.1.5 Permit Land
The
permit land refers to land authorized by the Yangon City Development Committee for
the construction of residential houses or buildings under its regulations.
1.1.6 Leased Land
Leased
land is government-owned land that is leased under a land lease agreement for
either a short or long term, as determined by the YCDC in accord with Sections
7 and 8 of the Lower Myanmar Town and Village Lands Act and Rules 29 of the
Lower Myanmar Town and Village Lands Rules.
1.1.7 Squatter Land
Squatter
land refers to land classified as low-grade land due to the absence of a lease
agreement, the expiration of a lease agreement without renewal, or the
violation of any terms of a lease agreement.
1.1.8 Encroached Land
Encroached
land refers to land located within an organized housing plot in a residential
area and regularized through encroachment receipt.
1.1.9 Trespassed Land
The
trespassed land refers to land owned by the Yangon City Development Committee
or land under the committee’s management, where individuals are residing
without any authorization.
1.1.10 Reserve Land
Reserve
land refers to land designated by union government and regional government for
future urban development projects to be implemented within the city area.
1.2 Services and Limitations of YCDC’s Land Administration Department
The YCDC’s Land
Administration Department is authorised to issue land lease agreements,
licenses, and permits; grant usage rights with stipulated terms; extend the
validity periods; and revoke them in cases of regulatory violations.
Additionally, the committee provides services such as land subdivision, land
surveying, and issuance of certified land map and land history documents for
various purposes. Here are some limitations of its services.[3]
1.2.1 Limitations on Land Subdivision Services
(i) The land plot applying for subdivision
must have a minimum width of 20 feet on the frontage, and the total area of the
plot must be at least 1,200 square feet.
(ii) For land subdivision, only owned land,
ancestral land (residential land), grant-owned land, or land with an unexpired
grant is eligible to apply for certified maps and land history.
(iii) Plots of land submitted for subdivision
must have sufficient access roads. If there is no committee-owned road, a
private access road must be designated.
(iv) There must be a clear separation between
the plot boundaries and any existing structures on the land.
(v) If the
subdivided land is a grant land, further subdivision procedures must be carried
out. If it is privately owned land, a correction agreement must be executed.
1.2.2 Limitations on Land Surveying Services
(i) Only the person who has obtained the
land survey map is allowed to apply for the land history, which verifies that
the trespassing is legitimate.
(ii) Except for village lands, garden lands,
and agricultural lands, the committee provides services to issue certified map
and land history documents, as well as conducts land surveying for other types
of land.
1.2.3 Limitations on Issue of Certified Map and
Land History Documents Services
(i) Certified maps are issued for licensed
land and permit land only for the purposes of constructing buildings, making
major renovations, fencing, and digging wells.
(ii) Expired grant land is eligible to apply
for certified maps and land history only for the purpose of executing a
declaration of inheritance agreement.
(iii) Only joint landowners of a plot are
eligible to apply for a certified map and land history to execute a waiver
agreement.
(iv) Certified
maps and land history documents can only be applied for by the registered owner
for purposes such as constructing buildings, making major renovations, erecting
fences, digging wells, or obtaining bank loans.
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