Land Title Deeds
There are many different type of land titles in Thailand, the majority of which do not allow the legal right to build a house on that land. At Star Property Real Estate we recommend the flowing title:
CHANOTE, or the Land Title Deed, a certificate for ownership of land. A person having their name shown on the deed has the right to the land and can use it as evidence to confirm the right to Government authorities. This land has been accurately measured using GPS to set the area and boundaries of the land. The boundaries of the land are indicated by numbered posts. Any legal acts may be done immediately, as per the right of ownership. Land partition of more than 9 plots must be carried out according to the Land Allotment Law, Section 286.
THERE ARE TWO TYPES OF RIGHTS TO PRIVATE LAND
The first is the right of possession, i.e. people who possess and use the benefit of the land will have the right to possess such land under the Civil and Commercial Code.
The second is ownership by person who has a title deed and documents concerning the land.
Sor. Kor 1
Is a notification form of possessed land. There is a certificate to show the right to the land. This maintains existing rights. Notification of form Sor. Kor 1; on December 1954, the government advised all land proprietors to notify such possession to the government as to perform Sor. Kor 1. After it was proven that such a proprietor had possessed the land legally and used the benefit of the land, then the government would issue Nor. Sor. 3 or Nor. Sor. 4 Gor as evidence. Nor. Sor. 3 Gor are legal certificates proving that any name show on the title is a person who has the right to the land (according to the principle law). This right will be recognized by the law and can be used as evidence in any dispute with an individual or the government.
Por. Bor. Tor 6
Is evidence by the issuance of a tax number for the purpose of paying tax for using the benefit of the land. Such land has not yet been assessed as to the person's right to possess such land. In the event that there is no title for the land, then it may be land in a conserved forest, public land or land which existed under Sor. Kor 1, Nor. Sor. 3 Gor or a title deed. Any of these titles must have a Por. Bor. Tor 6 as tax must be paid, the same as any land without a title. Purchase of such land is possible by handing over the possession of the land to the buyer along with the tax number. The right to the land under Por. Bor. Tor 6 cannot be used as evidence in any dispute with authorities.
Por. Bor. Tor 5
Por. Bor. Tor 5 is agricultural land or forestry land not recognized as having ownership by the local land office. The local village headsman will be classed as the sole administrator and he should know ownership by possessory rights title and also the boundaries of the land. In many areas guesthouses, restaurants and homes have been built with full knowledge of local planning officials.
Sor. Por. Gor 4-10
Is an allotment of land from the land reformative committee and under no circumstances may this land be bought or sold. It may be transferred to heirs only.
Nor. Sor 3
Is an instrument certifying the use of land issued by the government to the proprietor of land, not a possession title, i.e. it is confirmed by law that a person holding Nor. Sor. 3 has a floating map on parcel points. It is issued for a specific plot of land and it is not connected to other land plots. These cause problems in verifying the land area. Any legal acts must be publicized for 30 days.
Nor. Sor. 3 Gor
Is a legal land title with the basis similar to Nor. Sor 3. The difference being that Nor.Sor 3 Gor has parcel points on the map and is set by using an aerial survey to set the point and the land area. It is possible to verify a nearby land area. It always uses the same scale of 1:5000. There is no need to publicize any legal acts and it is possible to partition (divide) the land into smaller plots.