3.
Certificate of Use
The Certificate of Use or Nor Sor 3 is similar to
Nor Sor 3 Kor. Nor Sor 3 land is, however,
generally less well surveyed than land with chanot
titles and the boundaries may be defined only in relation to
adjacent plots. Property under this certificate has never been
measured by the Land Department and therefore may not have exact
boundaries. The Nor Sor 3 may later to be switched
to a Nor Sor 3 Kor and then a chanot in
the future. The Certificate of Use may be transferred at the
Amphur, but before a transfer can be made, it is necessary
to post a notice of intent and then to wait for a period of
30 days to elapse to see if any person objects to the transfer.
Various
other forms of "title" are, in essence, documentation of what,
in fact, are"squatters rights":
4.
Certificate of Possession A Certificate of Possession
or Sor Gor Neung is a recognition that a person is
in possession of land, but the certificate does not indicate
any other rights associated with the possession. A person holding
such a certificate may make local development land tax payments
at the Local Administrative Office and use the tax receipt as
evidence of possession. A Certificate of Possession cannot be
transferred, but a person in possession may transfer physical
possession and the new possessor may apply for a new Certificate
of Possession. Certificates of Possession are common mainly
in rural areas.
5.
Mere possession A person may be in actual possession
of land without any documentation at all. Depending on the nature
of the land involved and other possible claimants, including
the government, mere possession may later establish documented
possession (or Gor Neung) and may ultimately be issued
a title deed. Mere possession can be transferred from one person
to another by written agreement (Such an agreement cannot be
registered). The transferee does not obtain any rights greater
than the transferor had.
6.
Ownership by adverse possession Ownership of land
or other immovable property can be obtained by adverse possession
for a period of ten years. Ownership so obtained is superior
to the ownership shown on a title deed or other similar document.
The court may order that a new title deed be issued to the adverse
possessor subject to adequate proof of possession. Ownership,
however, cannot be obtained by adverse possession to state property
within the public domain.
Page
3