Land Rights and Land Documents in Thailand

Land Rights and Land Documents in Thailand

Documents and certificates of title that confirm a person's legal right to land are the most important documents in Thailand when it comes to owning a plot of land. Vast areas in this country do not have the status of freehold or confirmed land for private use and ownership, but are state or public lands, or at best, the types of so-called land claims usually used by farmers, where the land is used for agriculture, but not legally established. Legally, such land cannot be sold, leased, subleased, etc. This is only possible on land plots where private ownership is registered or the right of ownership is confirmed, issued by the land department.

CHANOTE

"Chanote", or "Nor. Sor. 4 Jor" (NS4J), is the only land title certificate that represents complete verified private ownership of land in Thailand.
Lands under "chanote" are accurately measured and marked in GPS relative to the national geodetic system and are marked with unique license plates placed on the ground in the form of posts. "Chanote" is the highest land title and is ubiquitous. Land with a chanote title is preferred whether you are buying or renting land in Thailand.
A modern certificate of ownership looks like this.
The reverse side, as shown in the image, contains a list of registered encumbrances, such as mortgages, registered leases, long-term lease encumbrances and other rights. In particular, the developer will have a note in his note that there are villas on his land for long-term lease, purchased by foreigners. The colors, size and location of the Certificate of Title may vary depending on when it was issued. This is what a certificate of ownership of a condominium apartment looks like. This document provides full ownership of the apartment without restrictions and is also issued and administered by the provincial land department.

NOR SOR SAM

"Nor Sor Sam", "Nor Sor Sam Gor" (NS3G) are land title certificates registered and issued by the land department. They show who has the right to own a particular plot of land and can enjoy all the benefits of private land ownership. However, this is not a full-fledged certificate of ownership like Chanot. The name on the Nor Sor Sam Kor land title certificate is that of the person who has title to the land and has the legal right to own it. This right is recognized by law and can be used as evidence in any dispute with an ordinary citizen or government. This type of land can be upgraded to a full title deed, "chanote".

"Nor Sor Sam" (NS3) without addition is land with confirmed title, but it is not precisely measured and the boundaries of the land must be confirmed by neighboring plots. This can cause problems when checking land area. This type of land can be sold with notice to neighbors, who will have 30 days to challenge ownership. Disputes over boundaries or ownership are common with this type of land title.

"Nor Sor Sam" with the extension "Gor" or "Khor" is precisely measured and has land points established using aerial photography. There is no need to publish any legal documents (no 30-day notice) and it is possible to subdivide the land into smaller plots. This document is issued by the District Land Surveyor.

Other types of land titles

There are several other forms of land titles, some issued by the Land Department and others by other government agencies.

Some of them are equal in importance to Chanote (as in "Chanote") and are precisely measured, but they cannot be sold and can only be passed on by inheritance. Some are merely rights of possession or use and provide little or no control over the land.

Sor Kor Nung (SK 1) is a form of notice of land ownership. This document allows the owner to occupy and use land SK 1, but his rights to it are not confirmed by the Land Department. Sor Kor Nung land can be transferred to another person, the transfer is simply established by relinquishing ownership of the land and transferring the land to the new owner. Ownership can also be inherited. Depending on the location of the land, this document may be upgraded to Nor. Sor. 3, Nor. Sor. 3 Gor or Nor. Sor. 4 (Chanote). Sor. Cor. 1 has not been issued since 1972. Currently, this land can still be registered, but only by court decision.

Nor. Sor. Song (NS 2) is a consent issued by the Land Department to the owner of the plot. This document gives the owner the right to occupy and use the land for a specified period of time, the owner must begin occupying and using the land with NS 2 status within 6 months and complete the use of the NS 2 land within 3 years from the date of receipt. It cannot be sold or transferred except by inheritance. Depending on the location of the land, this document may be upgraded to Sor. 3, Nor. Sor. 3 Gor or Nor. Sor. 4 (Chanote), however, after the increase, the prohibition on sale or transfer is still in full effect.

Other land ownership statuses in Thailand

Sor. Por. Gor. 4-01 (SPG. 4-01) is a piece of land from the Land Reform Committee and under no circumstances can this land be bought or sold. It provides only the right of occupation and can only be passed on by inheritance. The land can only be used for agricultural purposes.

Sor. Tor. Gor. (STG) - this document is issued only in the area of national reserves, the owner has the right to reside and live on STG land. STG land cannot be sold however the owner's right to reside and live on STG land can be inherited. This document is issued by the Forestry Department.

Por. Bor. Tor. 5 (PBT 5) is proof that the owner of the plot of land received a tax number and paid tax for the use of the plot. This document does not grant any rights, but was previously used to establish that a person occupies a certain piece of land and can apply for Sor Kor 1.

Nor. Cor. 3 (NK 3) is a certificate of occupancy of a piece of land issued under the Residential Allotment Act BE 2511 (1968). Applied only to self-governing settlements.

Gor. Sor. Nor. 5 (GSN 5) is a certificate of occupancy of a piece of land issued under the Residential Land Allotment Act BE 2511 (1968). Applicable only to cooperative settlements.


23.04.2024
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