How to Understand the Various Sorts of Land Title Deeds in Thailand
By Thongplay Brown
Grasp The Several Sorts Of Land Certificates In Thailand
Are you a foreigner, married to a Thai National and planning to retire in Thailand? In that case, in particular if you are contemplating to buy land and build a retirement house in Thailand this could be of interest.
To start with I am obliged to give you a few warnings!
Warning No. 1: All land in Thailand is does not have the same legal grade!
Warning No. 2: I am not a solicitor. This article is gained from my own research and is offered as is.
I have vigilantly checked the correctness of my investigations, but I can not be responsible for any consequences arising out of you making use of it. Please make certain that you conduct your own checks
Warning No. 3: Things in Thailand on occasion turn out in unexpected ways.
Just because the law says A, some people may take it as B!
The Significance Of Checking Title Deeds On Land In Thailand
You would be well advised to verify the title deeds before you agree to any land transaction in Thailand. Instances have been reported where some people understood they would actually fully own the land, yet they just received possessory rights. Other people understood that they were acquiring a particular amount of land however they really received a smaller size.Yet more people understood that the house is on the land they were buying, but the property was on somebody else's land.
Right Of Possession And Ownership Of Land In Thailand
There are two completely separate rights that people can possess on a plot of land in accordance with the law in Thailand.
One is the right of ownership, the other is the right of use.
A person are able to have the right of use of land for whatever purpose even though it does not actually belong to them. Yet, the rights that you can hold over a plot of land, such as ownership or right of use, depends upon the sort of title deed. Accordingly it is critical that you can distinguish between the limitations of the varying types of land title deeds and what is the actual kind of title deed held by the land you are contemplating purchasing.
The Several Kinds of Land Title Deeds In Thailand
1. Sor Kor 1
2. Por Bor Tor 6
3. Por Bor Tor 5
4. Sor Por Kor 4-01
5. Nor Sor Saam
6. Nor Sor Saam Gor
7. Nor Sor 4 Jor (Chanoht)
1. Sor Kor 1
Sor Kor 1 is the form required to inform the State of a possessory claim to a plot of land.
This first appeared in December 1954 and was a tool of the state to confirm claims upon the land with the ultimate issuance of Nor. Sor 3 or Nor. Sor. 3 Gor documentation (see below). There are plans to get rid of this title and raise all Sor Kor 1 land to Nor Sor Saam. The form recognises the right for the holder to occupy and farm the land. The land can not be disposed of, it may only be moved to immediate heirs of the individual who owns it.
2. Por Bor Tor 6
This is certification that is mandatory for all land to have so that a tax number can be issued and tax be paid upon the use of the land. There is no inference of title, ownership or possessory right of the land, just that it has been recorded as taxable.
3. Por Bor Tor 5
This is farming land not documented as having ownership by the appropriate land office. The local village headsman will be used as the one and only Official and he needs to know about who owns the land by possessory rights title, and moreover the borders of the land. When disposed of, funds are handed over with the knowledge of the sheriff. By law development is not permitted, but often property developments have appeared with full knowledge by local Planning officials.
4. Sor Por Kor 4-01
This relates to land fixed by the Land Reform Committee. Land with this documentation cannot be purchased or disposed of, and may only be moved to rightful heirs of the individual who owns it.
5. Nor Sor Saam
This identifies that the land has been discharged to the holder by the administration and the land can be utilised for its benefits by the certificate holder of this title deed. Nevertheless, this is not an unambiguous document, and is appropriate only to the particular the holder of the land. Problems occasionally appear when aiming to confirm the real extent of such plots covered by this type of document as no coordinates are indicated and it refers to an identifiable piece of land with no reference to adjacent plots of land. Land of this form can be traded, but the extents are only marked with respect to the adjoining pieces of land and survey mistakes abound. Should you be constructing on land of this status, I suggest that you build well inside the boundaries so that you can be certainly positive the property is really on your land, not your next door neighbors.
6. Nor Sor Saam Ghaw
This type of land deed possess similar lawful status as Nor Sor 3, however, in this case the extent is marked by means of coordinates and is precisely drawn displaying neighbouring plots on a plan using a standard scale of 1:5000.
7. Nor Sor 4 Jor. (Chanote)
This grade of land is the ideal certification for investing in land in Thailand. This is a deed defining the official owner of the land. It shows the GPS-verified extent of the plot of land. The property owner identified upon this type of title deed frequently uses the title deed as corroboration of ownership in official transactions. Lenders are regularly prepared to lend cash using this documentation as collateral. Land of this kind customarily has distinctively numbered government concrete posts to define the boundary of the area of land and maybe other locations as well. These will be shown on the title deed.
It is usually particularly O.K. for non Thais to acquire land of this class and you will commonly pay a premium over Nor Sor Saam Gor as it is so desired.
Thongplay Brown can teach you what you need to know about Land Title Deeds in Thailand, like the distinctive kinds and classifications of land in Thailand and the difference between Nor Sor 3 and Chanoht.
Land title deeds Thailand
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