Types Of Land And Land Title Deeds In Thailand

This will be beneficial to a person thinking about acquiring land in Thailand either in his/her own name or under the name of his or her spouse.

It is for the most part written for the non-Thai married to a Thai National looking to retire in Thailand.

To start with I have got to give you a few warnings!

1) All land in Thailand is not equal!

2) I am not a lawyer. This knowledge is produced from my own private research and is proffered in good faith.

I have been conscientious to check the truth of my investigations, but I can not be responsible for any consequences arising out of you using it.

Please make certain that you do your own checks

3) Things in Thailand often turn out in alien ways.

Merely because the law says A, some people maytake it as B!

The Significance Of Understanding Title Deeds Relating To Land In Thailand

Before you start any land deal is Thailand, you would be well advised to confirm the title deeds.

Cases have been reported where people were under the assumption that the house is located on the land they were buying, whereas the house was on somebody else’s land. More people understood that they were buying a certain amount of land but they evidently received less.

Right Of Use Compared With Ownership Of Land In Thailand

Following the law in Thailand, there are two distinctly separate rights that people can possess on land.

Firstly there is the right of posession, the next is the the right of ownership.

People are allowed to have the right of use of a piece of land for whatever purpose although it does not in fact belong to them.

On the other hand, the rights that you can hold over a piece of land, such as ownership or right of posession, is set by the nature of title deed. That is why it is crucial that you comprehend the differences between the different sorts of land title deeds and what is the particular kind of title deed held by the land you are thinking of buying.

The Several Kinds of Land Title Deeds In Thailand

1. Sor Kor 1

Sor Kor 1 is the form necessary to warn the State of a possessory claim to a piece of land. This was introduced in 1954 and was utilised by the government to authenticate claims upon the land with the eventual issue of Nor. Sor 3 or Nor. Sor. 3 Gor title deed (see below).

The form allows the possessor to utilise and farm the land. The land can not be sold, it may only be moved to direct heirs of the person who owns it.

2. Por Bor Tor 6

This is certification that is essential for all land to have so that a tax number can be conferred and tax be paid relating to the use of the land. There is no inference of title to the land, merely that it has been taken to be taxable.

3. Por Bor Tor 5

This title relates to farming or forestry land not documented as being owned by the appropriate land office. The village headsman will be known as the sole Arbiter and he is expected to know about who owns the land by possessory rights title, and also the boundaries of the land.

When sold, cash changes hands with the knowledge of the sheriff.

Strictly speaking no development can happen, but often Guest Houses, Restaurants and houses have been built with full knowledge by local Planning officials.

4. Sor Por Kor 4-01

This title relates to land selected by the Land Reform Committee. Land with this certification cannot be purchased or sold, and is only allowed to be transferred to rightful heirs of the person who owns it.

5. Nor Sor 3

Nor Sor 3 (Nor Sor Saam) shows that the land has been discharged to the title holder by the administration and the land can be used for its benefits by the holder of this title deed. Yet, this is not an umabiguous document, and is appropriate only to the particular the holder of the land.

No boundaries are marked and it refers to a definite piece without any frame of reference to nearby plots of land.

For that reason difficulties often come about when attempting to verify the real extent of such plots related to this documentation.

This form of land can be traded, however the extents of the land are only identified with respect to to the adjacent plots and measurement mistakes are commonplace. Where you are developing on land of this status, I advise that you build well inside the borders so that you can be entirely confident the dwelling is really on your land, not your neighbours.

6. Nor Sor Saam Gor

This (sometimes spelt Nor Sor 3 Kor or Nor Sor Saam Gor) has almost the same lawful basis as Nor Sor 3, but, also the boundary is identified by means of coordinates and is perfectly drawn indicating next-door pieces of land on a map .

7. Nor Sor 4 Jor. (Chanoht or Chanote)

This category of land documentation is the favourite certification for purchasing land in Thailand.

This is is a deed identifying the legal owner of the land. The certificate identifies the limits of the plot of land as surveyed by a GPS survey..

The property owner recorded in this type of title deed frequently uses the title as evidence of ownership in legal undertakings.

Banks are commonly willing to advance cash using a Chanoht as a guarantee.

Land of this kind will normally have distinctively numbered Land Office posts identifying the boundary of the plot of land and perhaps other places additionally. they are shown on the Chanoht title deed.

It is generally extremely without risk for non Thais to acquire land of this category and it is normally more expesive than Nor Sor 3 Ghaw since it is very sought-after.

How A Foreigner Can Gain The Legal Rights To Land In Thailand

Contrary to what is commonly understood about owning land in Thailand, a foreigner can own the rights to use land in Thailand even if he is not the legal owner!

Sounds contradictory? Not so. Visit this web page to find out how a foreigner can gain the legal rights to land in Thailand.

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