The laws in Thailand may be significantly different from the home countries of many foreign residents. Thai Law For Foreigners is based on common questions put to the Chief Lawyer of one of the most experienced legal firms in Hua Hin.
Of course each set of circumstances will differ and a qualified lawyer should always be consulted when legal issues arise. Land Title Deeds The Land Code provides many different types of Land Title Deeds as proof of occupation, possession and ownership of land. These Deeds are listed below.
1) Sor Khor 1 (No longer exists) An application informing the Government that the Applicant has occupied the land. This shall be used to issue a Chanod after the official surveying for the area has been completed.
2) Bai Jong (Nor Sor 2) A consent Letter issued by the Government which allows the Applicant to occupy and make use of the land temporarily. After occupying and making use of the land for a period of time as provided by law, the Applicant can then apply for the Land Title Deed Nor Sor 3 or Chanod. This kind of Title Deed is not transferable for a period of time as provided by law. 3) Land Usage Certificate (Nor Sor 3 / Nor Sor 3 Gor / Nor Sor 3 Khor) A certificate issued by the Government certifying that the Applicant who has made use of the Land, for 1 of 3 purposes. Nor Sor 3 – issued by the Amphur for the area which has no aerial photography. Nor Sor 3 Gor – issued by the Amphur for the area which has aerial photography by satellite. Nor Sor 3 Khor – issued by the Land Office for the area which has no aerial photography.
4) Bai Tai Suan (Nor Sor 5) A letter proving the Land has been inspected for Title Deed issuance and then the Holder can apply for a Title Deed.
5) Chanod Proof of Ownership as provided by the Land Code. The Holder of Title Deeds stated above can apply for this then a Chanod can be issued as proof of ownership. Remarks The Holder, of Title Deeds Nos 1 to 4, only has Occupation/Possessory Right on the Land. The Holder, of Title Deed No: 5, has Proof of Ownership. In general both have the same Right to use the Land legally, the only difference is the legal consequence of Adverse Possession or Squatter’s Rights, when someone who does not have legal title to your land, attempts to claim legal ownership based on history of Possession or Occupation of the land without the permission of its legal owner.
The Holder of Title Deed Nos: 1 to 4 will lose possession after 1 year of Adverse Possession or Squatter’s Rights as provided in Section 1367, 1374 & 1375 of the Civil and Commercial Code. The Holder of Title Deed No: 5 (Chanod) will lose Ownership after 10 years Adverse Possession or Squatter’s Rights as provided in Section 1382 of the Civil and Commercial Code.
The Holder of Title Deed Nos 1 to 4 need to take extra care to visit their land regularly throughout the year to ensure that no one takes Adverse Possession or Squatter’s Rights.
Provided by: © Jatupon Cherbangkaew; Executive Partner / Chief Lawyer; ACTA Law Firm Co Ltd Website: www.actahuahin.com; Email: firstname.lastname@example.org