Title Deeds in Thailand

Title Deeds in Thailand. In Thailand, title deeds are the definitive legal documents that establish rights to immovable property, especially land. They are issued and regulated by the Department of Lands under the Ministry of Interior and serve as the foundation of property law in the country. Understanding the types of title deeds, their associated rights, and the limitations they impose is essential for both Thai nationals and foreign nationals seeking to acquire or manage land in Thailand.

Unlike many jurisdictions where one type of title confers full ownership, Thailand maintains a multi-tiered title deed system—each conferring a different level of legal protection and usability. Some title deeds allow full ownership with the right to sell, lease, mortgage, or develop the land; others merely recognize the right to occupy or cultivate the land under state oversight.

This article provides a comprehensive legal analysis of the types of title deeds in Thailand, their registration and transfer procedures, and key considerations for land buyers, lessees, and investors.

1. Legal Framework Governing Title Deeds in Thailand

1.1 Core Legislation

• Land Code B.E. 2497 (1954)

• Civil and Commercial Code – Book IV (Property Law)

• Ministerial Regulations of the Department of Lands

• Foreign Business Act (insofar as it affects foreign land ownership)

1.2 Land Administration Authority

• Department of Lands under the Ministry of Interior

• Operates through Provincial and District Land Offices

• Maintains the central land registration database

2. Main Types of Land Title Deeds (Chanote System)

Thailand’s land documentation system consists of several types of title deeds and certificates of use, each with different legal implications.

2.1 Chanote (Nor Sor 4 Jor) – Full Title Deed

• Most secure and complete form of title

• Land has been surveyed with satellite mapping (GPS)

• Confers rights to sell, lease, mortgage, or develop the land

• Boundaries are marked by official concrete posts installed by the Land Office

• Can be used as collateral for loans

Only Chanote land can be subdivided or legally upgraded for complex developments.

2.2 Nor Sor 3 Gor (NS3G) – Confirmed Use Certificate

| Legal Status | Right to use land, not full ownership; transferable and upgradable |

• Official right to possess and use the land

• Surveyed with confirmed boundaries, but not as precise as Chanote

• Can be sold, leased, or mortgaged (similar to Chanote)

• Eligible to be converted into a Chanote

Often used in rural or semi-developed areas, where full land surveying has not been completed.

2.3 Nor Sor 3 (NS3) – Notification of Land Utilization

| Legal Status | Inferior to NS3G; right of use with unconfirmed boundaries |

• Describes land occupancy and usage rights, not full ownership

• Boundaries not clearly marked; no GPS survey

• Transferable and upgradable to NS3G or Chanote (requires re-survey)

• Transactions (sale, lease) require 30-day public notice by the Land Office

Common in agricultural and less developed zones.

2.4 Sor Kor 1 – Certificate of Land Possession

| Legal Status | Acknowledges possession; not legally transferable or sellable |

• Recognizes possession of land, but not ownership

• Cannot be sold, leased, or mortgaged legally

• Can be upgraded through a complex procedure involving the Land Office and local authorities

Not suitable for formal investment or development.

2.5 Other Non-Freehold Rights

• Por Bor Tor 5 (PBT5): Tax receipt indicating land use; not a title

• Agricultural land permits (e.g., Sor Por Gor 4-01): Given by Agricultural Land Reform Office (ALRO), non-transferable

3. Legal Implications for Ownership and Transfer

3.1 Rights Conferred by Title Type

4. Land Ownership by Foreigners

4.1 Direct Land Ownership

Under Thai law, foreigners cannot own freehold land, except under specific exceptions:

• Investment of THB 40 million or more (Section 96 bis, Land Code)

• Inheritance of land held by a Thai spouse (limited rights)

• Through a BOI-promoted investment (with Cabinet approval)

4.2 Legal Alternatives for Foreigners

• Leasehold: 30 years + renewal options

• Usufruct: Lifetime right of use without ownership

• Superficies: Own the building on someone else’s land

• Company ownership: Legal but tightly regulated under Foreign Business Act (nominee structures are prohibited)

5. Title Deed Verification and Due Diligence

Before any land transaction:

• Obtain a copy of the Chanote or NS3G from seller

• Cross-check at the Land Office for:

  • Ownership records

  • Mortgages or encumbrances

  • Legal disputes or caveats

• Verify zoning restrictions, environmental restrictions, and building permits

• Consider hiring a licensed land surveyor for boundary verification

6. Registration of Transfer at the Land Office

6.1 Required Documents

• Original title deed

• Sales agreement or lease agreement

• Thai ID/passport + official translation (if applicable)

• Foreign exchange certificate (if foreign buyer of condominium unit)

• Power of attorney (if applicable)

6.2 Taxes and Fees

• Transfer fee: 2% of official valuation

• Withholding tax: 1% (individual seller) or 5% (company)

• Business tax/stamp duty: Depends on holding period

All transactions must be registered in person at the relevant Land Office or via notarized power of attorney.

7. Upgrading Title Deeds

• Landowners may request the Land Office to upgrade NS3 or NS3G to Chanote

• Requires:

  • Application and land survey

  • No boundary disputes

  • Supporting documents such as tax receipts and occupation history

Approval is discretionary and may take several months, especially in areas under national land reform or ALRO jurisdiction.

8. Disputes and Fraud Risks

Common legal issues:

• Boundary disputes due to vague surveys in NS3 titles

• Forged title deeds in rural areas—always verify with Land Office

• Nominee arrangements (foreigners using Thai citizens to hold land) are illegal and subject to criminal prosecution

• Encroachment on public land (e.g., forestry reserves)

Preventive steps:

• Hire a real estate attorney

• Use only registered land brokers or agents

• Avoid informal transactions not registered with the Land Office

Conclusion

Title deeds in Thailand are central to property ownership and legal security. However, the existence of multiple deed categories, each with different legal status and limitations, means that buyers and lessees must exercise vigilance and due diligence—especially when acquiring property outside urban centers.

For foreign nationals, direct land ownership remains heavily restricted, but there are legal pathways through long-term leasehold, usufruct, and condominium ownership that provide secure alternatives. All land-related transactions should be registered at the Land Office, and legal counsel should be sought to avoid missteps in Thailand’s complex land system.