We are living more than 11 years on Phuket Island and have a good knowledge abouth the local property market.
Understanding Land Titles:
True title deeds, "Chanot ti din", are only to be found in the most and longest developed parts of the Thailand, and of course in Bangkok. Chanot titles, issued by the Provincial office of the Thai Land Department, are accurately surveyed, plotted in relation to a national survey grid and also marked by unique numbered marker posts set in the ground.
Most "titles" in rural Thailand are however of the Nor. Sor. Sam or Nor Sor. Sam Kor. (N.S.3.) variety and are in the strictest interpretation "land exploration testimonial deeds". They are to all practical purposes land title deeds (issued and maintained by the Amphoer, the District land office) in as much as clear records of ownership are maintained, and that they may be sold, leased, used as mortgage collateral etc.
In the case of the Nor. Sor. Sam. but not the more recently issued Nor. Sor. Sam. Kor. there is however a requirement that 30 days public notice is necessary before any change of status over the land can be registered.
N.S.3. titles are in general less accurately surveyed than Chanot titles. In the case of the older (now increasingly rare N.S.3.) titles the boundaries are only recorded in relation to the neighboring plots and survey errors in length of boundary or area are not unusual.
The newer Nor. Sor. Sam. Kor. is in general much more accurately surveyed and each plot is cross referenced to a master survey of the area and a corresponding aerial photograph. For this reason whenever purchasing N.S.3. land which lacks clearly defined physical boundaries it is a wise precaution to ask the owner to stake out the boundaries and then ask neighboring land owners to confirm the vendors interpretation of the boundary.
The Chanot and the Nor. Sor. Sam. Kor. are the only titles over which register able right of ownership or lease can exist, and are as such the only ones that a prudent foreigner should consider.
Below the Chanot and N.S.3. title there are a host of other forms of land claim document such as the Sor. Kor. Nueng (S.K.1)., the Tor. Bor. Tor. Hoc. (T.B.T.6) and the Tor. Bor. Tor. Ha.(T.B.T.5.)
. These rights are essentially a form of squatter or settler's claim which has been filed with the district office and upon which a small fee has been paid. Unlike the Chanot and N.S.3.. it is neither possible to register a sale or lease over these land rights, nor will a bank accept them for collateral and most importantly one cannot apply for (or obtain approval to) build on such land.
In certain circumstances, based on the length of the claim and the use to which the land has been put, it is possible to upgrade these land claims (to N.S.3. or Chanot title). The steps involved in such an application and the number of government departments required to approve such an application (where such approval is often discretionary) is however quite daunting and most definitely not recommended to anyone without the best of connections at the district, provincial and (in many cases) national level.
The newer Sor. Bor Kor. titles are very different to the above claims. These are true title deeds, accurately surveyed and pegged (like a Chanot). They may be mortgaged, planning permission for development may be sought and granted. The one significant thing that may not happen with a Sor. Bor Kor, is that it may not be sold or transferred (except under last will and testament). Many expect that this limitation will change in time or that the titles can be quickly upgraded to a full Chanot. This is not a universal interpretation of the intention of the new titles and it may be unlikely that any upgrading will granted in the near future.
Courtesey : www.allphuketrealestate.com
- Related Videos
- Related Articles
- Ask / Related Q&A
- Phuket Property | Thailand Property | Property In Phuket
- The Baby Boomers Retirement Plan in Thailand
- Jumeirah | Private Islands | Property in Phuket | Thailand Homes
- Thailand is Seeing Serious Growth in Property Sales
- Property Law in Thailand
- Property in Thailand
- Phuket Villas | Phuket Hotel Resorts | Phuket Property | Private Islands
- Phuket Property | Property Phuket | Property in Phuket




How Can Solicitors Build Client Loyalty
By: Nick Jervis | 22/12/2009Solicitors are constantly facing competition from new competitors to their market. Should they give up or can they do something to preserve their client loyalty?
Leeds Solicitors - How to Choose the Right Leeds Solicitor for your Case
By: Michiel Van Kets | 22/12/2009Having legal problems is one of life's more stressful situations but having expert legal counsel in the form of a Leeds solicitor can make things much easier and give your real peace of mind. Proper legal advice can save you a lot of time and worry whether making a will, buying or selling a home, or dealing with employment-related legal problems in the Leeds area.
Do You Know Texas Law For DUI Charges?
By: Rudy Silva | 22/12/2009Do you want to know how to handle DUI charges? Each state has its own DUI laws. Driving under the influence of alcohol is a felony in Texas. Your involvement to DUI charges might give you headaches. If you need a free lawyer, the state can provide one for you. The state also has recovery programs. Read this article to learn about to solve your DUI charges.
Drug Crimes Are Not Only a Grown-up Problem Anymore
By: Adriana N. | 21/12/2009There was once a time when drug crimes mainly affected grown folks, and people did not have to worry so much for their kids. But as the years have passed, crimes involving drugs are including younger and younger age groups. The following paragraphs will provide some useful advice regarding keeping...
4 Questions to Ask a Personal Injury Lawyer
By: Thomas Butler | 21/12/2009Important questions to ask a personal injury lawyer to ensure that they're experienced and qualified to handle your legal situation.
How are Criminal Records Classified?
By: Kevin Jones | 21/12/2009How to classify different types of criminal records.
Criminal Records Classification
By: Kevin Jones | 21/12/2009Description of all the different types of criminal records.
What should I bring when I meet with the attorney handling my personal injury lawsuit?
By: Evan Gewirtz | 21/12/2009Being involved in a serious accident can be painful and confusing. This article includes tips on what a lawyer will need if you are thinking about filing an accident injury lawsuit.
Phuket Real Estate – Phuket Property, Villa, house, land, condominium and land for sale
By: Allphuketrealestate | 29/05/2009 | TaxesWhy should you pay Property transfer tax? We do it for you .
Phuket Real Estate - Property - Condominium act
By: Allphuketrealestate | 02/05/2009 | Business OpportunitiesWho can buy a condominium in Thailand , How does it work ? How to transfer the funds ?
Phuket - Visiting Thailand - Phuket - Vat Refund for Tourists Traveling to the Land of Smile
By: Allphuketrealestate | 25/11/2008 | Travel TipsGuidline on how to get your VAT refund in Thailand and Phuket . How does it work ? what to do ?
All Phuket Real Estate Property Guide , How Can You Bring Your Pet to Thailand ?
By: Allphuketrealestate | 25/11/2008 | PetsAll information you need to bring your best friend to Thailand . How does it work ?