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LAND TITLES
There are many different types of land titles in Thailand, the
majority of which do not allow the legal right to build a
house on that land. At
Phuket Property Shop
we recommend the following title:
CHANOT, 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 land will have the right to possess
such land under the Civil and Commercial Code.
The second is ownership by a 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 Sor. Kor 1; on December 1954, the government
advised all land proprietors to notify such possession to the
government as per form 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. 3 Gor as
evidence. Nor. Sor. 3 and Nor. Sor. 3 Gor are legal
certificates provided that any name shown 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 ordinary person
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 not 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, 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 can not be used as
evidence in any dispute with authorities.
Sor. Por. Gor 4-01
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 the legal right to possess the land. This land title can
be used as a legal document or to use the benefit of the land
as an owner. Nor. Sor. 3 is a floating map with no parcel
points. It is issued for a specific plot of land and it is not
connected to other land plots. This causes 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 same legal basis as 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
points 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. |
