There are a number of Thai title deeds in Thailand and they have limitation except for the Chanote title deed. Note however that there are limitations on certain Chanote’s being the ones which the government gave to landless Thai nationals. These Chanote title deeds are normally limited to 10 years being that the land cannot be sold for a period of 10 years since they received it from the company.
Title Deeds in Thailand
If you are going to buy property in Phuket. Then you need to speak to an attorney in Phuket about this as the title deeds can be confusing. Each title deed has a limitation. Having said that however these title deeds can be upgraded to the next level of title deeds. Below is a brief breakdown of the title deeds in Thailand:
Sor Kor Nung 1
This title deed is at the bottom of the title deed selection as it comes with only occupation rights. These title deeds was last issued in 1972 and are no longer issued. The Land Department no longer allows the Land to be upgraded to the next level. This title deed has little real rights. You therefore cannot register a mortgage bond, usufruct or other rights over the land.
The government made the cut-off date for the last upgrades in 2010. The locations of this land is usually in rural areas so if you are going to buy land for your Thai wife then you need to check with a property lawyer as to what the title deed over the land is. The Land Department estimated that there had been more than 1,000,000 Sor Kor Nung 1 plots in Thailand.
Nakhon Ratchasima – 30,000 plots: Buri Ram – 170,000 plots: Ayutthaya – 9,000 plots :Phitsanulok – 16,000 plots
Most of these plots of land had been upgraded however many of the plots have not been upgraded and these cannot be upgraded any longer (unless through court procedures which are very expensive). Always seek legal advice before you buy any land for your Thai wife as you might be looking at land that cannot be upgraded or have any real rights. This specific title deed only came with a “notification form of possession” which means land was traded by simply exchanging the possession paper.
Nor Sor Song 2
This title deed is only for temporary occupation and is very similar to the Sor Kor Nung 1. You can still upgrade this land however you will still not be able to sell the land. Again speak to a lawyer if you are offered land or property with this type of title deed.
Nor Sor Saam 3
This land does not have full rights as well. The land is mainly for possession of the land and the land has been confirm with your neighbours. This land usually still has concrete post hammered into the ground to show where the borders of the land are located. This title deed allows for possession and use of the land but it is not a full right.
You can sell the land and register a mortgage bond over it however this is not true land ownership or confirmed right of possession but a right of possession over a land area without an accurate surveyed boundary which often lead to boundary disputes. This is why there has to be public notice 30 days before the land can be sold as you neighbours might object to the land borders.
These are title deeds you are best to stay away from as it is mainly for Thai nationals. See the other title deeds in Thailand for better options. Always seek legal advice when dealing with property issues in Thailand.