When you have purchased your property in Thailand, you must be aware of the various laws and regulations that are involved in the property title transfer process. The laws are based on the type of land and the region where you live in, so it is important to ensure that everything is correct. This can be difficult for non-Thais, as many Thai laws are spelled out in a confusing manner and a property lawyer is an essential asset to have when dealing with real estate issues.
There are a number of types of Land titles in Thailand including Nor Sor 3 Gor, Nor Sor Sor 4 Jor, Tabien Baan and Chanote (ownership title deed). All these different land deeds have their own rules and regulations and it is essential to understand them so that you can make the right decisions when purchasing your property.
The Nor Sor Sor 4 Jor is a true land ownership title deed issued by the Land Department showing your rights to land and registered encumbrances such as mortgage, lease, usufruct and habitation. This is a legal document which is used by both local and foreign owners of property in Thailand.
This is the most common land title in Thailand and is issued by the Land Department to show ownership of land with certain boundaries that are not yet fully defined by the Land Department but are generally ascertained through hammered in concrete posts which are referred to as ‘parcel points’. However, a final official measuring is still required by the Land Department along with the placing of boundary markers to prove ownership and the issuance of a title deed.
As a rule, this is the only type of land title in Thailand that allows foreigners to buy land. It is also the only land title that enables foreigners to own a house on a plot of land in Thailand which can be legally registered as a’superficies’.
Unlike the Nor Sor Sor 4 Jor, this land title does not contain an accurate survey of land borders and can often lead to boundary disputes when transferring or selling or upgrading the land during the notice 30-day period and possible hostile possession under the Civil and Commercial Code book 4.
There are several ways that you may be able to obtain this land title. One way is to acquire it through a legal title search conducted by an experienced land search company in Thailand. This is the best way to find out whether the seller of the property actually owns it or not and this can be a vital step in making your purchase.
Another way to obtain this title is to use a land contract. This is a legally binding agreement that is entered into between two parties to sell or lease land in a specific area for a set period of time. This type of contract can be a great option for people who are interested in owning land but are not ready to invest the money or time into obtaining a full title deed.