Although the ownership of land in Thailand is best established by a full title deed or Chanote, there are other types of deeds. These include other types of title deed issued by Thai Land Departments as well as recorded land rights that are limited and do not amount to full or freehold ownership. Some of these rights are as follows:
- Possessory Right:
This is a type of land right that is considered to be one of the least secure land rights. It is normally an inherited land right proven by tax payments at the local administrative office. Possessory or customary rights are often encountered where local residents have resided on government owned land for long periods of time. Families on coastal lands and mountain land may also frequently occupy land as a possessory right. A possessory right is defined by sections 1367-1386 of the Thai Civil and Commercial Code.
- Right of habitation:
The right of an individual to reside in a house, or other dwelling. The right is purely for residential use in Thailand and not for commercial reasons. The right can either be for a specific time frame (up to a maximum of 30 years) or for the lifetime of the parties. The property must be returned when the habitation ends. The laws regarding the right of habitation are set out in section 1402-1409 of the Thai Civil and Commercial Code.
- Right of usufruct:
A usufruct is a right to use or obtain a profit or benefit from property belonging to another person. Normally, a usufruct needs to be registered at the local Land Department and recorded on the official title deed. The usufruct can be structured in an agreement to determine the extent of the usufruct rights and duties. The laws regarding the right of usufruct are set out in section 1417-1428 of the Thai Civil and Commercial Code.
- Right of superficies:
A superficiary is a registered right to use the land and to own any structures built upon the land without creating any ownership rights over the land itself. The right of superficies can be granted for the lifetime of either party or for a specific period of time. The laws regarding the rights of superficies are set out in section 1410-1416 of the Thai Civil and Commercial Code.
- Right of servitude:
A servitude is a right of way, sometimes also known as an easement. It usually involves two properties one of which is benefited by the servitude, and the other one burdened. A servitude may be, for example, a service road, a driveway or a livestock path. The laws regarding the rights of servitudes are set out in sections 1387-1401 of the Thai Civil and Commercial Code. |
