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Ownership of land, possession and use are governed by the land Code BE 2497 (1954), the Land Reform for Agricultural Act BE 2518 (1975), the Civic and Commercial code and by regulations issued by the Ministry of the Interior. There are broadly 4 types of Land Title in Thailand, they being: - Title Deeds 9Chanote);
- Confirmed Certificate of Use (Nor Sor Saam Kor);
- Certificate of Use (Ngor Sor Saam);
- Certificate of Possession (Sor Kor Nung).
Chanote (Title Deeds) Freehold title with the owner able to leave the land unattended. Title deeds are registered at the Land Department in the province in which the land is located, and there is no waiting time required to transfer title. Chanote titles are accurately surveyed, plotted in relation to a national survey grid and also marked by unique numbered marker posts set in the ground. It is the long term goal of the Land department, that all land in Thailand will be covered under the Chanote title system. Nor Sor Saam Kor (Confirmed Certificate of Use) This certifies the person named on the certificate has the confirmed right to use the land, implying all requirements for the issuance of title deed have been met, and issuance of the title deed is pending. They may be sold, leased, used as mortgage collateral etc. The holder of this certificate cannot leave the land unattended for more than 12 years. Nor Sor Saam (Certificate of Use) Similar to the above Confirmed certificate of Use except tat not all of the formalities to certify the right to use have been performed. Before a transfer can be made, a notice of intent must be posted and then 30 days public notice is necessary before any change of status over the land can be registered. Sor Kor Nung (Certificate of Possession) This recognizes that a person is in possession of land but the Certificate does not imply that there are any rights associated which the possession. It is not transferable, but a person in possession may transfer physical possession and the new possessor may apply for a new Certificate of Possession. Leasehold For leasehold tenure the period is normally 30 years with options to renew for a further period of 30 years. Each extension may not exceed 30 years. Important to note, that any leasehold option in Thailand is binding on the landowner and not agent the land itself. (unlike Weston countries). For example: Let say fed owns land and leases it to Bill For 30 years with a 30 years option 28 years later fed dies and his son inherits the land 2 years later Bill wants to exercise the option. Fed son does not have to accept order Thailand, as the option (Contact) was between fed (his father) and Bill. |