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At
present, the possession of land has to be in accordance with the principal land
administration laws. There is the supervising Land Department and some land is
still controlled by other governmental authorities, such as:
-
the Forestry Department, which is responsible for the management of land in
forest zones;
- Sor. Por. Gor. is responsible for land in reformed land zones; and
- District Offices and Municipalities (Oar. Bor. Tor) which look after public
land
zones.
The
law has no retrospective effect on the individual's rights to land under the
law before the government appointed the land as a forest, public or reformed
zone. The individual’s rights to the land are maintained.
There are two types of rights to private land:
1)
the right of possession (possessory right), i.e. people who possess and use the
benefit of land will have the right to possess such land under the
Civil and
Commercial Code; and
2) ownership by a person who has a title deed and documents in respect of the
land.
Here is a broad guide to the various land documents and what
they signify:
Sor Kor 1 is a notification
form of possessed land. This document entitles the holder to occupy and farm
the land. Sor Kor 1 land may not be sold – it may only be passed on by
inheritance and its use is subject to the same restrictions as Tor Bot Tor
land. Depending on the land’s location, this document may be upgraded to Nor
Sor 3 or Chanote. No Sor Kor 1 has been issued since 1972.
Tor. Bor. Tor 5 and 6
is evidence that the occupier of a piece of land has been issued a tax number
and has paid tax for using the benefit of the land. This confers no rights at
all and is merely a piece of evidence towards proving actual possession. The
land must be used for agriculture.
Sor. Por. Gor 4-01
is an allotment of land from the land reformative committee, and under no
circumstances may this land be bought or sold. It confers the right to occupy
only and can be transferred only by inheritance. It seems that the land may be
used for agriculture only.
Nor. Sor. 3 is an instrument
which signifies the land occupier’s right to possess the land, but without
conferring actual possession. The borders of the land must be confirmed by
neighbours and by a ground survey before the document is issued. There are no
“parcel points” i.e. numbered concrete posts which are hammered in to mark the
boundaries of the land. This may cause problems in verifying the land area.
There are no limits to what use the land may be put (provided the use does not
contravene height restrictions, environmental protection laws, etc.) The land
may be sold, subject to a 30-day notice period.
Nor. Sor. 3 Gor is an instrument with the same legal basis as Nor. Sor. 3. The
difference being that Nor. Sor. 3 Gor has the land area and parcel points set
by using an aerial survey. There is no need to publicize any legal acts, and it
is possible to partition (divide) the land into smaller plots.
Chanote - Nor. Sor. 4 Jor
is the only document which can be described a land title deed, because it alone
confirms ownership of land. The land is accurately surveyed and its area and
boundaries are set using GPS. There is no need to publicize any legal acts, and
it is possible to partition (divide) the land into smaller plots.
See other topics :
 OVERVIEW
OF THE THAI LEGAL SYSTEM
BUSINESS
ORGANIZATIONS
FOREIGN
CORPORATE PRESENCE
FOREIGNERS
DOING BUSINESS IN THAILAND
FOREIGNERS’
LAND OWNERSHIP RIGHTS
OVERVIEW
OF THAI IMMIGRATION LAWS
EXPATRIATE
RELOCATION - VISA AND WORK PERMIT
RESIDENCE
PERMITS
TAX
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