Ministerial Decree No. 711 on mortgage of the plots of land and land rights.

Subject

Land & soil

Keyword

Land reform Land tenure Traditional rights/customary rights Contract/agreement

Geographical area

Aral Sea, Asia, Caspian Sea, Central Asia, CIS (Commonwealth of Independent States), Europe and Central Asia, Landlocked Developing Nations, North Asia

Abstract

The Ministerial Decree regulates mortgage of the plots of land and traditional land rights related to land based credits. Plots of land in private ownership, land rights and shares of a plot of land in joint ownership or in joint land tenure can be mortgaged. The following land categories shall not be mortgaged: (a) common land; (b) defence land; (c) protected areas; (d) public land allotted for temporary land tenure to the officials. Physical and non-governmental legal persons owning plots of land or exercising land rights thereto can be depositors. The state land tenants can mortgage exclusively the plots on land on which edifices and constructions, that shall be mortgaged, are situated. Legal and physical persons can be mortgagees. The Ministerial Decree contains the form of mortgage contract.

Full text

Russian

Website

www.kazpravda.kz

References - Legislation

Implements

Presidential Decree No. 2717 of 1995 "On Land".

Legislation | Kazakhstan | 1995

Keyword: Basic legislation, Survey/mapping, Cadastre/land registration, Vested rights/existing rights, Land tenure, Lease, Ownership, Prescription/adverse possession

Source: FAO, FAOLEX