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Buyers
must be aware of the various title deeds existing
under Thai law when buying land in Thailand.
As
a foreigner buying land in Thailand, you should only
consider land that comes with a Chanote, Nor
Sor 3 or Nor Sor 3 Gor. These
can be sold, leased and used as mortgage collateral
and are the only titles over which registerable right
of ownership or lease can exist. More importantly, you
cannot apply for or obtain approval to build on such
land without one of the aforementioned titles. In any
event, make sure you have a good lawyer look over the
paperwork before you commit to anything.
Chanote
True
land title deeds are officially called Nor Sor
4 Jor or more commonly Chanote. This
is a certificate for the ownership of land and can be
used as evidence confirming the right to government
authorities. It is issued by the local Provincial Land
Office and plots the boundaries of the land. This is
the most secure type of land title but land with a chanote
can often be hard to find.
Nor
Sor 3
The
Nor Sor 3 is a document certifying the use of
land issued and maintained by the District Land Office
to the proprietor of the land but is
not a possessory title. That is to say the person
holding the Nor Sor 3 has the legal right to
possess the land in question and can use it as a legal
document. Nor Sor 3 is a floating map with no
parcel points issued for a specific plot of land and
not connected to other land plots, but its boundaries
are recorded according to its neighbouring plots.
Therefore, it may cause some problems in verifying
boundaries due to lack of accurate surveys. Any change
in ownership of the land must be publicised for 30
days before it can be registered.
Nor
Sor 3 Gor
The
Nor Sor 3 Gor has the same legal
basis as the Nor Sor 3, with the difference
being that in general Nor Sor 3 Gor
has parcel points on the map of the land area set by
using an aerial survey with a scale of 1:5000. It is a
more accurately surveyed title as each plot is crossed
referenced to a master survey of the land area and a
corresponding aerial photograph. Therefore, it is
possible to verify the boundaries of the land.
However, it is still less accurately surveyed compared
to a Chanote.
Sor
Kor 1
Sor
Kor 1 is a notification form of possessed land,
which shows and maintains the existing rights to the
particular land. On December 1st 1954, the government
advised all land proprietors to notify their
possession of land to the government using a 'Sor Kor
1' form. After it was proven that such a proprietor
had possessed and used the benefit of the land
legally, the government would then issue 'Nor Sor 3'
or 'Nor Sor 3 Gor' as an evidence, which are legal
certificates stating the owner's name that they have
the right to such land according to the principle land
administration law. This right will be protected by
the law and can be used as evidence in any dispute
with a private individual or the government.
Condominium
Title
A
condominium title is a title to a part of a building
or buildings with multiple owners, a fractional
interest in the land, other common assets (such as a
swimming pool) and common parts of the building (such
as the stairwell or lobby). The title will state the
floor area of the private apartment, the ground area
of the common land and the percentage interest, in
which that apartment has in the common property. This
percentage also represents the voting interest in the
condominium company or owners association.
Building
Transfers
Buildings
other than condominiums do not have any form of title
document, but their sale or long lease can be
registered at the District Land Office. Proof of
ownership must be established either from proof of
construction or a document showing sale and purchase.
Do not confuse this with the House License document,
which is only a registration of the house occupants.
Transfer of a building, as distinct from its land,
requires the posting of 30 days public notice, to see
if anyone wishes to contest the ownership. Foreigners
may own a building distinct from its land and register
such transfer of ownership into their names at the
Local District Office or Amphoe.
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