Land title in Thailand

Real Estate in Thailand

Mar
23
Land title in Thailand
 
Depending on the title of the land in question, the proprietorial process can change significantly. If you know the title, you will better understand the contents of what you are offered. Note that the majority of Thai land is not subjected to titles and may not be even surveyed. Many administrative practices and surveying procedures are not yet implemented in the law of this state.
Foreign residents who want to purchase land plots in Thailand must focus primarily on lands with Chanote titles. Nor Sor 3 and Nor Sor 3 Gor also should in consideration. These land are subjected to all business operations such as leasing, transferring or used as mortgage collateral. Simultaneously, these are the best lands to quickly acquire without significant administrative hassle. The most attractive aspect of such lands is that the process of construction approval is much easier compared to cases with other titles. A juridical expertise is required to conduct all legal actions in a proper manner.
 
 
Chanote
 
This is the title backed by a certificate of ownership and can be used as an evidence when legal inquiries from the authorities take place. Supervising governmental bodies usually survey the land precisely with the GPS technology and may ask for Chanote certificate as a proof of ownership when in doubts about the borders. This title is the most secure of all, but lands with such title are rare.
 
Nor Sor 3
 
A document confirming the right of using the land is called Nor Sor 3. The District Land Office gives it to the buyer of land without transferring full ownership. It means that the owner will use the land by the law and keeps it as a legal document.  Nor Sor 3 is a document, which is not as accurate as Chanote. The land does not have defined borders, but it is surrounded by other areas that allow its boundaries to be defined. The owner has to publish any changes within 30 days before the registration in order to avoid conflicts that may arise during the survey process.
Nor Sor 3 Gor
Does not have many differences with the previous title. The difference is in the method of setting parcel points. This is done via an aerial survey of the land conducted using the 1:5000 scale. It is important to cross reference results of such operations with the results of a properly conducted master survey. The shape and borders of this land can be easily confirmed, but the accuracy is still lacking compared to the Chanote title.
 
Sor Kor 1
 
Sor Kor 1 is seemed by many as a descendant of older times. This title is not issued anymore. Its sole function is to ensure that the land in question is rightfully used and can be acquired as a private property. The origins of this title stem from 1954 when proprietors had to inform the government about their legal right to own the land using a special form called “Sor Kor 1”. After the approval process, another title (Nor Sor 3 or Nor Sor 3 Gor) is issued. Purchasing such lands may be accompanied by a plethora of minor administrative hassles that could be inconvenient for the buyer.
 
Condominium Title
 
This is a small apartment in a building which has shared ownership. Each of them has an interest in the land and all related assets including land improvements, swimming pools, and other forms of property tied to the land and building in question. This document contains general information about the apartment such as floor area, the area of the common land, and the interest percentage given to the condominium owner in regards to the land. Obviously, this percentage is commonly used during voting related to all operations with the common land.
 
Transferring Buildings
 
Most buildings are not backed with title documents (aside from condominiums). Nonetheless, all business operations with such properties should be registered at the local land office. In order to prove the fact of ownership, you cannot use a housing license which is used to register multiple occupants. Instead, acquire a document proving the construction or sales/purchased related to the property. Before transferring can be conducted, a public note of the deal should be released allowing others to contest the ownership. Foreign residents can act as owners of buildings while not owning the land it’s built on. Such transfers are conducted in the Amphoe or district office.
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