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Land Disputes: Court Decision Curtails Rights of Farmland Users without a Form-7

Land Disputes: Court Decision Curtails Rights of Farmland Users without a Form-7

February 21, 2017

A recently published Supreme Court case (Supreme Court decision dated 29 July 2015) delves deep into the rights of farmland users in Myanmar and challenges while securing the Form-7 land user certificates, especially for thousands of smallholder farmers across the country.

Highlights of this note

  • Background
  • What was the lower court’s judgment and why?
  • What did the Supreme Court decide and why?
  • What does the 2012 Farmland Law say about the Form-7 certificate? What are the conditions to apply to get it?
  • Legal Proceeding
  • What is the legal value of farmland right of use without the certificate?

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Land-Disputes_Court-Decision-Curtails-Rights-of-Farmland-Users-without-a-Form-7.pdf

AUTHOR

Edwin is the senior partner of VDB Loi and a leading foreign legal advisor living in Myanmar since 2012. A frequent advisor to the Government on transactions and privatizations in energy, transportation and telecom, he is widely recognized for his “vast knowledge” (Legal 500) and his ability “to get difficult things through the bureaucracy ” (Chambers, 2016). He advises international financial institutions on their largest Myanmar transactions, oil and gas supermajors, a greenfield multi- billion US$ telecom project and the Japanese Government on the Thilawa SEZ. He assisted two newly licensed foreign banks setup in Myanmar, acted for the sponsor of an 800MUS$ urban infrastructure PPP project and worked on 6 out of 7 power deals inked in 2016.
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