Land Laws
land title documents
Land documents and deeds evidencing a person's legal right or title to land. Large areas of Thailand do not have the status of titled land or land confirmed for private use and possession but are government or public land or at the best forms of land claims generally used by farmers. No juristic acts like a sale, lease, superficies or usufruct can be registered over these types of land, this is only possible over land titles offering private ownership or a confirmed right of possession, issued by the land department of Thailand.
Land title deeds 'chanote' in Thailand
Chanote or Nor. Sor. 4 Jor (NS4J) is the only land title deed certificate that offers full certified private ownership of land in Thailand. 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 developed areas of Thailand. The chanote title land is the preferred title whether you buy or lease land in Thailand.
A modern land title deed looks like the sample on the right above. The backside as shown in the image contains an index (list) with registered encumbrances suchs as mortgage, registered lease rights, real rights. The colors, size and layout of a title deed can vary depending on the period they were issued. Also a condominium unit title deed (similar document) gives full freehold ownership and is also issued and administrated by the provincial or local branch office of the land department.
Land titles Nor Sor Sam
Land title deeds Nor Sor Sam (NS3) and Nor Sor Sam Gor (NS3G) and Khor are land title deeds registered and issued by the Land Department and show who has the right to possess the land and use the benefit of the land as a private owner. It is not actually a full ownership title deed. 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. This type of land can be upgraded to a full ownership title deed, the 'chanote'.
Nor Sor Sam (N.S.3) without extension is land of confirmed possession, but not accurately surveyed and the borders of the land must be confirmed with neighboring land plots. This may cause problems in verifying the land area. This type of land may be sold subject to a 30- day notice period to see if anyone wants to contest ownership. Border disputes or ownership disputes are common with this type of land title.
Nor Sor Sam with the extension Gor or Khor is accurately surveyed and 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 land officer.
Note: rights like a registered long term lease, superficies or usufruct must be registered with the Land Department to be complete and enforceable. If the land does not have a proper land title administrated by the Land Department it is simply not possible to register anything against the land.
Other land titles and claims
There are several other forms of land titles, claims or rights of private use, some issued by the Land Department and some by other government departments. Some which are issued by other government departments offer ownership rights (like the Chanote) and are accurately surveyed but can not be sold and can only be transferred by inheritance. Some claims are merely rights of possession or use and have practically no rights associated with them, nor is it possible to register a sale, lease, usufruct or obtaining a or to obtain a building permit for (local exceptions for building possible).
Sor Kor Nung
Sor Kor Nung (S.K. 1), is a notification form of possession of land. This document offers the holder to occupy and utilize the S.K. 1 land but his rights are not confirmed by the land department. Sor Kor Nung land may be transferred to another person, transfer is simply established gives up his possession of the land and delivers S.K. 1 land to the transferee. Possession may also 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. Currently this land can still be upgrade, however only with a court approval.
Nor Sor Song
Nor. Sor. Song (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.
Land documents issued by other government departments
There are several other forms of land titles, claims or rights of private use, some issued by the Land Department and some by other government departments. Some which are issued by other government departments offer ownership rights (like the Chanote) and are accurately surveyed but can not be sold and can only be transferred by inheritance. Some claims are merely rights of possession or use and have practically no rights associated with them, nor is it possible to register a sale, lease, usufruct or obtaining a or to obtain a building permit for (local exceptions for building possible).
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.
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