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Thai propriety titles |
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Thai law stipulates that a foreigner may not own land in his name, he has the right of ownership of buildings only. If a foreigner wishes to purchase land to build a property he has 2 options:
- The land is purchased on a 30 year leasehold, with an option to extend the lease for further 30 year periods. Possession of the land is assured by virtue of the fact that the property occupies the land. The lessor cannot seize the property upon expiration of the lease, as the property is separate from the land.
- If a foreigner is going to operate a business in Thailand then he may purchase the freehold of the land through his Limited Compagny. The land will be owned by the compagny, not the individual.
Land Titles
There are many different types of land titles in Thailand, the majority of which do not allow for the legal right to build on that land.
Only 3 land titles are recommended:
 Chanot
Is a certificate for ownership of land. A person having their name shown on the deed has the right to the land, and can use it as evidence to confirm the right to government authorities. The title deed has been issued by using GPS to set the area and boundaries of the land, which is a very accurate method. Any legal acts may be done immediately, as per the right of ownership. Land partition of more than 9 plots must be carried out according to the Land Allotment Law, Section 286. This is the most secure type of land title and is highly recommended.
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Nor Sor 3
Is the lowest land title which allows for legally building a property and an instrument certfying the use of land issued by the government to the proprietor of land not a possessory title, i.e it is confirmed by law that a person holding Nor Sor 3 has the legal right to possess the land. This land title can be used as a legal document or to use the benefit of the land as an owner. Nor Sor 3 is a floating map with no parcel points. It is issued for a specific plot of land and is not connected to other land plots. This causes problems in verifying the land areea. Any legal acts must be publicized for 30 days.
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Nor Sor 3 Gor
Is a legal land title with the same legal basis as Nor Sor 3. The difference being that Nor Sor 3 Gor has parce points on the map, and is set by using an aerial survey to set the points and the land area. It is possible to verfy a nearby land area. It always uses the same scale of 1:5000. There is no need to publicize any legal acts, and it is possible to partition (divide) the land int smaller plots.
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