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Ownership land title deeds in Thailand


The most important document in a real estate property (i.e. land and house) sale and purchase in Thailand is the land title document issued by the Land Department. Land titles can be found in the more developed areas of Thailand. The land title document states the title of the land, the total size and location of the land, its survey status and for instance information like whether any mortgages, hire, liens or other rights such as servitude, usufruct or redemption are registered against the property. The name showing on the land title certificate is the person who has the right to the land and has the legal right to possess the land. Foreigners cannot have owner or co-ownership right to land in Thailand, but they can for instance be registered on the land title document as the leaseholder or the person granted the right of superficies  or usufruct.

Large areas of Thailand are not covered by land title deeds but are government or public land and prohibited for private use or forms of land claims generally used by farmers, with restricted use and it is generally not is it possible to obtain official building permission (local building exceptions possible), nor it is not possible to register legal acts (like lease, sale or usufruct) over such land (e.g. land with a status of Tor.Bor.5 or Sor.Kor.1).

The second important aspect of land is the right to build upon the land and usage of the land. Usage and building is regulated in the Building Control Act and City Planning Acts of Thailand and numerous Ministerial Regulations, but also environmental protection laws. The Building Control Act and City Planning Act divide land areas in different zones with restrictions and the requirements for utilization of land and building in each zone. If the land includes a house it is recommended to check if the house is legally build (height, size, number of floors, distance to the road or neighboring plots, etc).

Below an overview of the most common land documents issued by the Land Department:
  • Nor.Sor.4.Jor or Chanote title deed. This is the highest title possible and the only true ownership title deed for land. The land is accurately surveyed and the boundries are marked with numbered concrete posts which are hammered into the ground.
  • Nor.Sor.3.Gor. The legal basis of this land title deed is a confirmed right (recognized by law) to possess the land. The land can be sold, subdivided, mortgaged, etc., is accurately surveyed and there is no need to publish any legal acts.  There are no restriction regarding the use of the land (provided that the use does not contravene any height restrictions, environment protection laws, etc.). A Nor.Sor.3.Gor can be  upgraded to a Chanote title by application at the local land office.
  • Nor.Sor.3. This land title has the same legal basis as the above, however, it is not  (yet) accurately surveyed and the area must be confirmed with neighboring land. The land may only be sold subject to a 30-days notice period. This type of land can be upgraded to a Nor.Sor.3.Gor or Chanote.
  • Sor.Kor.1.This is not a land title deed but merely a notification form of possessed land. It shows the person who notified possession of the land. This document entitles the holder to occupy and farm the land. It is not possible to register a sale, lease, mortgage,  usufruct, etc. over this type of land. Depending on the land’s location it may be upgraded to a title deed Nor.Sor.3, Nor.Sor.3.Gor or Nor.Sor.4.Jor. Sor. Kor. 1 has not been issued since 1972.
Other land documents and rights issued by other government departments (other than the land department) are:
  • Sor.Por.Gor.4-01 This is an allotment of land from the Land Reformative Committee. Under no circumstance may this land be bought or sold. It confers the right to occupy only and can be transferred only by inheritance. It seems that the land may be used for agriculture only.
  • Sor.Tor.Gor. This document is issued by the Forest Department. The holder of the document has the right to live on the land. It can only be passed on by inheritance.
  • Por.Bor.Tor.5 and 6. This document proofs only that the occupier has been issued a tax number and has paid tax for using the land. This confers no rights at all but was formerly used to establish that the holder was occupying a piece of land and could apply for a Sor Kor 1. The land must be used for agriculture, but a single house for the farmer may be built on it. 
  • Nor.Kor.3. This document is issued under the Land Allocation for Living Act B.E. 2511 and issued to members of self-help settlements.
  • Gor.Sor.Nor.5. This is also an utulisation certificate issued under the Land Allocation for Living Act B.E. 2511 and issued to members of a cooperative settlement.
Land sizes are stated on the land documents in Rai (1 rai =1600 sq.m.), Ngan  (1 ngan=400 sq.m.) and Wah or Talang Wah (1 wah= 4 sq.m.). For sizes of buildings and in construction metric measures are generally used.
 

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1 Response(s)
john on February 14, 2011

your comment title here

could you tell me about what the deal is on gom tanarak title (lease from the treasury)? the land i have is on ko samet, if i built an apartment block could i rent out long leases to foreigners and Thais?

thanks for any info i advance
busy