Purchase,
Sale and Ownership of Land, Buildings and Condominiums
Documentation
of Land Ownership
Ownership
of land is governed by the Land Code of BE 2497 (1954) and regulations
of the Ministry of the Interior. Ownership of land or possessory
rights to land may be in various forms and shown in one of the
following ways:
1.
Freehold title deed: An ownership deed, named "chanot"
or "Nor Sor 4" in the Thai language, is the highest
form of ownership documentation. It is issued with one copy
for the owner, mortgagee, etc., and one for the official records
of the Land Department. The title deed includes a description
of the land, including its area, boundaries and marking posts,
and a history of all registered transactions regarding the land.
It is used for land that has been accurately plotted, surveyed
and marked in accordance with a national survey grid. A freehold
title deed provides the most complete ownership rights. The
registered owner may transfer ownership or grant other rights
to the property by presenting his original title deed at the
Land Department together with the appropriate contract (sale,
lease, mortgage, etc.) Such a transaction can be registered
immediately and there is minimal waiting time required in order
to effect registration.
2.
Confirmed certificate of use A confirmed certificate
of use or "Nor Sor 3 Kor" is generally similar to a
title deed. Most land "titles" are of this kind. The Nor
Sor 3 Kor is usually accurately surveyed and plotted in
accordance with a master survey. The Nor Sor 3 Kor
certifies that the person named therein has a confirmed right
to use the land, that all requirements for the issuance of a
title deed have been met and that the issuance of a title deed
is pending for the property. This type of title may be sold,
transferred or mortgaged similarly to a freehold title deed.
The owner may request the Land Department to change the Nor
Sor 3 Kor to a freehold title deed. A transfer of this
certificate is made at the Amphur (District Office)
rather than at the Land Department. Transfers may be made without
a waiting period or the need to post a notice.
The
chanot/Nor Sor 4 or Nor Sor 3 Kor are generally
the only forms of title which should be considered by a foreigner.
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