Land Title deeds in Thailand

Large areas of Thailand do not have the status of titled land but are government or public land or at the best forms of land claims generally used by farmers. No juristic acts (e.g. sale, lease, sale, usufruct) can be registered over these types of land. It is only possible to register a sale, long term lease, usufruct and superficies or obtain building permission (local building exceptions possible) over land with a proper title deed, meaning (1) Nor Sor Sam, (2) Nor Sor Sam Gor or (3) Chanote (NS4J). These are the land titles over which rights can be registered with the competent authority (i.e. the Land Department), therefore are the only viable land titles.

Rights like a registered long term lease, superficies or usufruct must be registered with the Land Department to be enforceable. If the land does not have a proper land title it simply can't be registered with the competent authority and is therefore not complete (i.e. not enforceable).

Chanote

Chanote or Nor. Sor. 4 Jor (NS4J) is the only land title deed certificate that offers full certified ownership of land. Land held under Chanotes are accurately surveyed and GPS plotted in relation to a national survey grid and marked by unique numbered marker posts set in the ground. Chanote titles are the highest land title and found in the more and longer developed areas of Thailand. Obviously Chanote title land is the preferred title whether you buy or lease land in Thailand.

Nor Sor Sam (Gor)

Land Title deeds Nor Sor Sam (NS3) and Nor Sor Sam Gor (NS3G) are legal Land Title certificates registered at and issued by the Land Department that show who has the right to possess the land and use the benefit of the land as the owner. It is possible to register a lease, usufruct or sale at the Land Department. The name showing on the Land Title deed is the person who has the right to the land and has the legal right to possess the land. This right is recognized by law and can be used as evidence in any dispute with an ordinary person or the government.

Nor Sor Sam: This land is not accurately surveyed and the borders of the land must be confirmed by neighbors and by a ground survey before the document is issued. There are no “parcel points” i.e. numbered concrete posts which are hammered into the ground to mark the boundaries of the land.  This may cause problems in verifying the land area. This type of land may be sold subject to a 30- days notice period.

Nor Sor Sam Gor similar to Nor. Sor. 3, the difference being that Nor. Sor. 3 Gor has the land area parcel points set by using the aerial survey. There is no need to publicize any legal acts (no 30-days notice), and it is possible to partition (divide) the land into smaller plots. This document issued by district officer.

Others

There are several other forms of land title deeds or claims, some issued by the Land Department and some by other government departments. Some which are issued by other government departments offer the ownership rights (like the Chanote) and are accurately surveyed but can never be sold and can only be transferred by inheritance. Some claims are merely rights of possession and have practically no rights associated with them, nor is it possible to register a sale, lease, usufruct or obtaining a building permit for (local exceptions for building possible).

Others issued by the Land Department:

• Sor Kor 1 (S.K. 1), is a notification form of possession of land. This document entitles the holder to occupy and utilize the S.K. 1 land, SK. 1 land may be sold or transferred to the other if the holder abandons the intention to possess the land and delivers S.K. 1 land to the transferee, it also may be passed on by inheritance. Depending on the land’s location, this document may be upgraded to Nor. Sor. 3, Nor. Sor. 3 Gor or Nor. Sor. 4 (Chanote). Sor. Kor. 1 has never been issued since 1972. Investment with the purpose of upgrading is of course only interesting for Thai nationals, as foreigners can't own land and partly foreign owned companies will be subject to investigation into the company and its Thai shareholders.
• Nor. Sor. 2 (N.S. 2) is a consent letter issued by the Land Department to the holder. This document entitles the holder to occupy and utilize the land for a temporary period, the holder has to commence occupation and utilization on the N.S. 2 land within 6 months and have to complete the utilization on the N.S. 2 land within 3 years from the receipt of N. S. 2. N.S. 2 land may not be sold or transferred except for inheritance. Depending on the land’s location, this document may be upgraded to Sor. 3, Nor. Sor. 3 Gor or Nor. Sor. 4 (Chanote), however, after upgrade the prohibition for sale or transfer is still effective in full force.

Issued by other government departments:

• .Sor. Por. Gor. 4-01 (S.P.G.. 4-01), is an allotment of land from the Land Reformative Committee, and under no circumstance may this land be bought or sold. It confers the right to occupy only and be transferred only by inheritance. It seems that the land may be used for agriculture only.
• Sor. Tor. Gor. (S.T.G.), is an instrument issued only in the zone of national reserved forest, the holder of this title document have the right to reside and live on the STG. land. STG. land is prohibited for sale, however, the right of the holder to reside and live on the STG. land can be passed on heir by inheritance. This document issued by the forest department.
• Por. Bor. Tor. 5 (P.B.T. 5), is an evidence showing that the occupier of a plot of land has been issued a tax number and has paid tax for using the benefit of the land. This confers no right at all but was formerly used to establish that the holder was occupying a plot of land and could apply for a Sor Kor 1.
• Nor. Kor. 3 (N.K. 3), is a utilization certificate issued under the act of land allocation for living B.E. 2511. This document issued only for member of self-help settlement.
• Gor. Sor. Nor. 5 (G.S.N. 5), is a utilization certificate issued under the act of land allocation for living B.E. 2511. This document issued only for member of cooperative settlement.

Land in Thailand is measured in Thailand in Rai, Ngan and Wah (1 rai=4 Ngan (or 1600 Sq.m.)/ 1 Ngan=100 Wah (or 400 Sq.m.)/ 1 Wah=4 Sq.m.).

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