Title Deeds in Thailand

Title Deeds in Thailand. Thailand maintains a civil law property regime where land ownership is tightly regulated under the Land Code, the Civil and Commercial Code, and related ministerial regulations. Land can be held by Thai nationals and, under very limited exceptions, by foreigners with governmental approval or through leasehold and usufruct arrangements.

Central to the land tenure system is the title deed (Chanote)—an official document establishing the rights of the holder to occupy, use, or dispose of a land parcel. However, not all land documentation grants the same rights.

II. Types of Land Title Deeds in Thailand

The Land Code provides six distinct categories of land documents, each with varying degrees of legal recognition and rights. The principal types include:

1. Chanote (Nor Sor 4 Jor) – Full Title Deed

• Highest level of land ownership

• Issued by the Land Department after land survey using GPS coordinates

• Grants full rights of sale, lease, mortgage, and transfer

• Boundaries are physically marked with landmarks (concrete posts)

• Suitable for development, including residential and commercial projects

Only this title can be used to register ownership definitively. Land with Chanote can be transferred via registered sale at the Land Office.

2. Nor Sor 3 Gor

• Second-highest land right

• Based on a land survey, but less precise than Chanote

• Transferable, leasable, and can be mortgaged

• Can be upgraded to Chanote upon request and land office inspection

• Title mentions exact area and location, but not supported by full geodetic surveys

This deed reflects confirmed possession with official recognition, but ownership rights are not absolute.

3. Nor Sor 3

• Confirms possession but lacks a surveyed boundary

• Describes land via neighboring plot references rather than GPS

• Transfer requires 30 days’ public posting notice

• Upgradable to Nor Sor 3 Gor, and later to Chanote

This deed remains widely held in rural areas, though its limitations reduce transactional confidence, especially among institutional lenders.

4. Sor Kor 1

• Land claim form allowing only occupancy rights

• Issued prior to formal surveying

• Cannot be sold, mortgaged, or transferred unless converted to a higher deed

• Often represents lands passed down through generations without formal title upgrades

5. Por Bor Tor 5 and Por Kor 2, 3, 4

• Merely tax receipts or usage declarations

• Do not confer legal possession or ownership

• Used for agricultural land use acknowledgment

• No development, sale, or lease is legally enforceable on such land

These documents are typically held in government land-use zones, including protected forests.

III. Legal Functions of Title Deeds

Title deeds serve as the primary evidence of land rights in Thailand. Their legal functions include:

• Registration of sale, lease, mortgage, or gift

• Boundary confirmation and dispute resolution

• Due diligence validation during property transactions

• Serving as collateral for bank loans (Chanote and Nor Sor 3 Gor only)

All registered rights or encumbrances (e.g., leases, usufructs, mortgages) must appear in the “remarks” section of the Chanote or relevant title.

IV. Title Upgrades and Land Surveys

The Thai government allows qualified landholders to upgrade lesser title deeds through administrative procedures at the local Land Office. Key requirements include:

• Proof of long-term occupation (often decades)

• Land use consistent with official zoning

• Absence of third-party disputes or encroachments

• Physical access via public road

GPS-based land surveys are mandated for Chanote issuance. Once upgraded, titleholders gain unrestricted rights subject to zoning and environmental restrictions.

V. Foreign Involvement and Restrictions

Foreigners are prohibited from owning land outright under Section 86 of the Land Code, except in the following circumstances:

• BOI (Board of Investment) promoted projects (limited and conditional)

• Marriage to a Thai national (but land must be registered as the Thai spouse’s personal property)

• Inheritance by foreigners (land must be disposed of within 1 year)

• Freehold condominium ownership (up to 49% of total floor area in a project)

For lease or long-term use, foreigners often rely on:

• Registered leaseholds (maximum 30 years, renewable)

• Usufruct or superficies rights, noted in the Chanote’s remarks section

VI. Common Legal Risks and Precautions

• Encroachment disputes arise where boundaries are not physically marked or overlap with public land

• Nominee arrangements for foreign landholding are illegal and increasingly scrutinized

• Unregistered rights may not survive a title transfer, especially in lesser deeds

• Conversion processes are bureaucratic and require precise documentation

Due diligence, including review of the Land Office records, aerial surveys, and zoning maps, is essential before any purchase or long-term lease.

VII. Conclusion

Understanding the types and functions of title deeds in Thailand is essential for evaluating the legal security of land ownership or lease arrangements. Only a Chanote title offers full ownership, while lesser deeds may restrict use, sale, and development. Foreign nationals must navigate the system through alternate instruments or carefully structured legal mechanisms, and all transactions should be grounded in documentary verification and proper registration with the Land Office.