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LAND TYPES AND TITLES EXPLAINED
Thai law recognises two types of land holding: the right of possession (Possessory Right) says that land can be used by an individual for its benefit (agricultural use etc.) under the Civil and Commercial Code and the right of ownership, where an individual or company holds title deeds and ownership documentation to a piece of land.
Sor Kor 1
Sor Kor 1 entitles the holder to occupy and farm land only, as one cannot build on Sor Kor 1 land. The land can not be sold and it may only be transferred to direct heirs of the person. Only the long term land owner can apply to have the land title upgraded. Sor Kor 1 is the form required to notify the government of a possessory claim to that piece of land. The government under its land ownership legislation has almost eliminated this type of title and has upgraded most Sor Kor1 land to Nor Sor 3.
Por Bor Tor 6
All land has Por Bor Tor 6 documentation allocated and issued so that the land can be assessed for tax.
Por Bor Tor 5
This type of land is agricultural land or forestry not under ownership of the local land office. The local village leader is normally appointed as the administrator and is responsible for maintaining possessory rights ownership boundaries. When land is sold, the transaction is carried out under the supervisory role of the village leader. As with Sor Kor 1, one cannot construct upon this land.
Sor Por Kor 4-01
Sor. Por. Kor 4-01 refers to land allotted and overseen by the Land Reform Committee. This land cannot be sold and may only be transferred to the heirs of the person who hold the title. Important note: Sometimes an area of Sor Kor or Por Bor land may be included with land that has a transferable title, such as Nor Sor 3 or Chanoht. It is important to realise that the attached Sor Kor and Por Bor land should not be constructed upon in the hope that one day the land be transferred to that of either Nor Sor 3 or Chanoht status as such an upgrade may not occur.
Nor Sor 3 น. ส. ๓
Nor Sor 3 is land that is legally owned and can be used for any purpose by the title holder. The area of land will have been surveyed (mapped) by the Land Office but will not have boundary markers (parcel points) sited and therefore boundaries might come under dispute from neighbouring land owners if not clearly defined by roads for example. Neighbouring landowners should therefore be encouraged to stake out their plots (or what they consider to be their plots) before you consider purchasing this type of land. Any transfer of this land title should be publicised at least 30 days in advance. Nor Sor 3 A is similar to the Nor Sor 3 the only difference being that the map of the land plot is based on an aerial photograph.
Nor Sor 3 Kor น. ส. ๓. ก.
Nor Sor 3 Kor is similar to Nor Sor 3 however, the land area has been defined with boundary markers (parcel points) and the documents clearly and accurately show adjoining plots on a map to a scale of 1:5000. As with Nor Sor 3, this title allows the owner to construct a building upon the land.
All the above referred documents are NOT certificates of ownership; only Chanoht (see below) specifies actual ownership. The aforementioned documents are issued to show the possessor’s use of the land NOT any ownership rights. However, they can still be registered for transfer of the land for which the certificates were issued.
Nor Sor 4 Jor น. ส. ๔ จ. (Chanoht)
Nor Sor 4 Jor, or as it is more often referred to; Chanoht, is the favoured title dead for land purchase in Thailand. A Chanoht is a certificate of land ownership. “Chanoht thee-din”, โฉนดที่ดิน, literally translates to “land title”. The title deed indicates the land boundaries as verified by the Land Office in addition to the owner’s name which means that that the title deed may be used in all legal undertakings including collateral; as with a bank
Upgrading to a Chanoht requires that all neighbouring land owners are notified and are present when the Land Office surveyors come to measure the land. Should there not be disputes over the boundaries after 30 days following the survey then the Chanoht will be issued. (Adjoining land owners who did not witness the survey and do not raise objections within the 30 day period will be deemed as accepting the survey results as their acceptance of a Chanoht being issued.
Chanoht land can be sub-divided into a maximum of nine sub-plots with the permission the neighbouring land owners in addition to adhering to Section 286 of the Land Allotment Law. Chanoht land will normally have a uniquely numbered government concrete pegs (parcel points) sited at plot angles. A bird’s eye view plan will be drawn on the back of the Chanoht document .
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