Friday, 17 April 2009

Types of Land Title Deeds in Thailand

There are a bewildering number of different land titles in existence in Thailand. However, many of them are very weak and not well defined (sometimes surveys are up to 20% inaccurate in terms of land area). These ‘weaker’ titles are often more associated with agricultural land.

There are broadly 4 types of Land Title in Thailand:
1) Chanote – Title Deeds;
2) Nor Sor Saam Kor - Confirmed Certificate of Use;
3) Ngor Sor Saam - Certificate of Use and;
4) Sor Kor Nung - Certificate of Possession

Chanote (Title Deeds)

This is also called Nor Sor 4. It is a Freehold title that allows the owner to leave the land unattended. Title deeds are registered at the Land Department in the province in which the land is located, and there is no waiting time required to transfer title. Chanote titles are accurately surveyed, plotted in relation to a national survey grid and also marked by unique numbered marker posts set in the ground. It is the long term goal of the Land Department, that all land in Thailand will be covered under the Chanote title system.

Nor Sor Saam Kor (Confirmed Certificate of Use)

This certifies that the person named on the certificate has the confirmed right to use the land, implying that the all requirements for the issuance of a title deed have been met, and issuance of the title deed is pending. They may be sold, leased, used as mortgage collateral etc. The holder of this certificate cannot leave the land unattended for more than 12 years.

Chanote and the Nor Sor Sam Kor are the only titles over which registerable right of ownership or lease can exist, and are as such the only ones that a prudent foreigner should consider.

Nor Sor Sam (Certificate of Use)

Similar to the above Confirmed Certificate of Use except that not all of the formalities to certify the right to use the land have been performed. Before a transfer can be made, a notice of intent must be posted and then 30 days public notice is necessary before any change of status over the land can be registered.

Sor Kor Nung (Certificate of Possession)

This recognises that a person is in possession of land but the Certificate does not imply that there are any rights associated with the possession. It is not transferable, but a person in possession may transfer physical possession and the new possessor may apply for a new Certificate of Possession.

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