Problems Buying Land In Thailand

Just as you come to expect in Thailand, when trying to buy land and build a retirement house (or trying to get anything done for that matter), a problem suddenly comes at you out of the blue.

What To Do When The Marker Posts Are Knocked Down

If the land has a Nor Sor Saam (3) Gaw or Chanoht title deed the extremities of the land will be marked by numbered posts plcaed by the Land Office when they undertook the land survey and these posts will appear on a map on the land title deed.

(This is described on the Buying Our Land In Thailand page on this website.)

So, I had an email from daeng in Thailand explaining that some posts had been removed. This is the email:-


Date Thur, Mar 18, 2010 at 2:28 PM

Subject Re: Daeng & Mum – Alans Visit

Hello Alan

We’re in Pakchong.

We went to measure the land, it’s 20x80m.

The road is public, not a individual road.

Electricity / water and telephone are ready.

But we found 2 post was damaged (pls see chanot; post number 1842 and 3342)

Then we went to the land department, they suggested that we shuld ask the owner to make a report and request for the new post before change the name in chanot (it takes time about 5 months/ shuld be finish in august)

Anyway we can sign contract tomorrow (19 mar) and pay depost money (100,000thb) then waitting for the new post from the land department.

After that (shuld be not more than 15 days) we will pay the rest of the money (900,000thb) when the owner change the name on chanot in same day.

All this matter must be specify in the contract.

Any news I will talk to you soon

Love

Daeng

Sent from my iPod


And here is a follow-up email…


Date Fri, Mar 19, 2010 at 2:28 PM

Subject RE: Thank you – questions Re: Daeng & Mum – Alans Visit

Hello Alan,

About the posts, one is no number (it’s broken).

Another one is incorrect located (it’s broken and move from the correct position)

The land department said we must have a post in a good condition (not damage/correct location/ect), means that we must have a new one.

About the contract,Today, mum has signed a contract.

The owner accept to make a report and requst a new posts for us and all it’s identify in our contract.

They can do whitin 2 months, so in a contract identify the during time to pay the rest of the money from 19mar – 30may.

All payment depend on the new posts, after the land department approve a new posts we have to go to Pakchong again to see the officer put it on the land together with the owner (buyer/saler and the land officer).

About the land, (pls see below)

On the day to change the name on chanot, you must come to the land department to give a joint written confirmation that the money which that mum will expend on purchasing the land is wholly the separate property or personal effects of mum and not the Sin Somros or jointly acquired property. Then the chanot will belong to mum’s name only.

Your documents require; ID card, passport, a marriage license.


Now in a previous email, Daeng had said that it would take 5 months for the Land Office to put the posts back and re-survey. That takes us until August and much too slow.

If you read the above email, Daeng said it will take ‘only’ 2 months, meaning that the land purchase can be completed about the middle of May.

Apparently, the land owner will pay 3,000 Baht for a private company to put back the posts and confirm their position to the Land Office. I have no idea how this works, what they will do or how legal it is! I just have to assume that Daeng knows what is going on…

The New Land Purchase Programme

Let me summarise the events, both historic and in the future appertaining to buying the land on which we will build our retirement home in Thailand:-

Historic

Sunday 7th February, 2010:  My wife (Kanyah) and son (Alex) flew out from here in the U.K. to Bangkok and started to search for land to buy in Thailand. Several plots of land for sale were located. One was finally chosen as the piece of land to purchase.

Friday, 19th Mar, 2010: My wife paid a deposit and signed the contract to buy the land of her choice.

Future

19 March – 19 May, 2010: (Approximately) the land survey company will fix the posts and the Land Office will approve.

19 March – 30 May, 2010: (Approximately) the land purchase will be completed, the Chanot signed off. I have to be in Thailand for that day. I intend to get my name on the Chanoht as having beneficiary rights to the land.

More Information About Buying Land In Thailand And Thai Land Title Deeds

Get To Know The Various Types Of Land And Land Certificates In Thailand

Check List When Buying Land In Thailand

How foreigners can have their name on the Thai Land Title Deeds as a legal user (beneficiary) of the land (not as owner).

Note to all Farangs. This is little known by Thai’s – even Thai Lawyers.

This is called a “Usufruct” or in Thai, “sit thi gap gin ta lord shee vit”


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