Land ownership title deeds in Thailand

For any real estate property transaction in Thailand (purchase, lease, sale, usufruct, superficies, building plans) make sure the land has a proper land title deed issued by the Thailand Land Department and the land title deed is all checked out. Make sure the property is what the title deed says and the person you are dealing with is the legal owner. Foreigners are not allowed to own land and will not be named as the owner of land, read more detailed information about land ownership in the Land Code Act page. Foreigners can for example obtain lease rights or real rights (e.g. usufruct, superficies) of land and can be registered as the holder of these rights on the backside of a land title deed issued by the Land Department.

Land titles issued by the Land Department in Thailand

From the land title documents issued by the Thailand Land Department only the the Nor. Sor. 4 Jor (N.S.4 J.) or Chanote is a true ownership title deed. The other 6 main title documents below, relate to use and possession or notification of possession of land (i.e. the Sor Kor 1). In fact all the land titles below are still officially government land. The Nor Sor 3 title deeds are rights of possession similar to ownership rights, however are not true ownership documents. Overview of the main land titles issued by the Thailand Land Department: Sor Kor 1 (S.K. 1) Nor. Sor. 2 (N.S. 2) Nor. Sor. 5 (N.S. 5) Nor. Sor. 3 Gor (N.S. 3 G.) Nor. Sor. 3 Khor (N.S. 3 K.) Nor. Sor. 3 (N.S. 3)

It is ONLY to possible to register rights (sale, lease, usufruct, superficies, etc.) with the Land Department and obtain building approval over the Nor.Sor.3 land titles or the Nor.Sor.4.Jor (which is generally referred to as the Chanote title deed). The official title deed for the Nor Sor Saams and the Chanote issued by the Land Department should generally look as the document image above, but, depending on the period the document was issued, land ownership documents could vary in design, garuda color and even size. The rights associated with the land titles are in more detail described further down in this page. The most secure and interesting land title in Thailand is the Chanote, followed by the Nor Sor Saam Gor/ Khor. The Nor Sor Saam is less interesting, mainly because of the lesser rights associated with this title and survey status.

Land titles issued by other government departments

The Land Department in Thailand is the only competent authority to deal with land and registering and transferring rights over land. Transfer of ownership of land claims (or rent/ lease) over titles issued by other government departments than the Land Department can NOT be registered with the Land Department or is restricted for transfer. The following documents are the main land documents in Thailand issued by other government departments than the Land Department:

The above documents are in more detail described further down below. Large areas of Thailand or samui do not have title deeds, but are government land or public land, not open for private use.

Main land titles issued by the Land Department in more detail explained:

Sor Kor Nung or S.K.1 as a land document in Thailand is a notification form of possessed land and has little rights associated with it. It is just an official land office paper that shows the person who notified possession of the land. The person who actually occupies the land may have a better right than the person who has just a notification form. This land may be sold and transferred by inheritance. Legally the transfer process is not more than handing over the notification form and possession or use of the land from one person to another. It is not possible to registere rights (sale, lease, usufruct, mortgage, etc.) over this type of land. Depending on the land’s location, this document may be upgraded to a title deed Nor. Sor. 3, Nor. Sor. 3 Gor or Nor. Sor. 4 Jor (Chanote). The Land Department has not issued any new Sor Kor Nung documents since 1972. It is currently NOT possible any more to upgrade a Nor Sor 1 to a title deed with the Land Department ( read news)

Nor Sor Song or N.S.2 is a consent letter issued by the land department to the holder. This document entitles the holder to occupy and use the land for a temporary period of time. The holder has to commence occupation and using the N.S. 2 land within 6 months and has to complete the utilization of the land within 3 years from the receipt of N.S.2. This land may not be sold or transferred except by inheritance. Depending on the land’s location, this document may be upgraded to Nor.Sor. 3, Nor.Sor. 3 Gor or Nor. Sor. 4 Jor (Chanote), however, after the upgrade the prohibition for sale or transfer is still effective and in full force.

Nor Sor Saam or N.S.3 is a title deed which shows a person's right to possess a certain plot of land, but the land borders must be confirmed with neighbouring plots. There are no so called parcel points or numbered concrete posts which are hammered into the ground to mark the boundaries of the land. The name showing on the title is the person who has the right to the land and has the legal right to possess the land and use the benefit of the land as an owner (it is not actual ownership). This right will be recognized by the law and can be used as evidence in any dispute with an ordinary person or the government. It is possible to register a sale or lease and apply and obtain approval to build on this land if building complies with relevant building regulations, zoning and or other laws (e.g. environmental protection). The owner may burden the land (mortgage, lease, etc.) and register this with the Land Department. The land may be sold subject to a 30- days public notice period.

A problem with the Nor Sor Saam title (as opposed to a Chanote or Nor Sor Saam Gor title) is the lack of an accurate surveyed boundry, which often lead to boundary disputes during the notification period required when selling or upgrading such land, and possible hostile possession (claims over the land by someone else not registered as the person who has the right to the land).

Nor Sor Saam Gor or N.S.3.G has the same legal basis as the Nor. Sor Saam however the boundaries of the land are defined and the land is accurately surveyed in relation to neighbouring land areas (the land area parcel points are set by using an aerial survey), the right of use has been confirmed and legal acts concerning the land, such as sale, do not need to be published and it is possible to register rights against the land and subdivide the land in smaller plots.

Nor Sor Saam Khor N.S.3.K is similar to the N.S.3 Gor however is surveyed and issued in an area which has no parcel points set by using an aerial survey. This document issued by land officer. There are no restriction for the use of the land and there is no need to publicize any legal acts, and it is possible to subdivide the land into smaller plots.

Nor Sor Ha or N.S. 5 is a document that verifies the right of the holder in the N.S. 5 land. If the holder has a N.S. 5 land document along with a utilization certificate it indicates that the district officer has confirmed the utilization on the land, so this NS. 5 land with the utilization certificate can be sold or transferred by registration at the land office. Without the supporting evidence in the form of a utilization certificate it indicates that the district officer has not yet confirmed the utilization of such and in this case may not be sold or transferred except by inheritance.

Nor Sor 4 Jor or N.S.4.J is is a certificate of true ownership for land and the only true land title deed. Land held under Chanotes are accurately surveyed and GPS plotted in relation to a national survey grid and marked by unique numbered marker posts set in the ground. Chanote titles are found in the more and longer developed areas of Thailand (for example the Bangkok area has only Chanote title deeds). Legal acts (sale) do not have to be published. There are no restrictions on the use and the land can be sub-divided.

The size stated in the Chanote should be accurate, however, with the right connections it could have been manipulated. E.g. a Chanote states 3 Rai but the actual size after a private survey turns out to be 2 Rai. Land prices are usually expressed in Thai baht per Rai or for smaller plots Thai baht per Wah. The sale and purchase agreement will (when it is upgraded between the sale and transfer) include something like 'the size of the land appearing on the Chanote shall be final and the purchase price shall be adjusted pro-rata with the area appearing on the Chanote'. You simply pay for more land than you get. Irregularities in the issuing of land-right documents showed there were land-right documents for about 200,000 rai where the Samui island only has 150,000 rai (July 19 2006).

If a squatter is in possession of land for an uninterrupted period of 10 years in case of a Chanote ( section 1382) ('and have peacefully and openly possessed the property belonging to another, with the intention to be its owner he acquires ownership of it'), they can apply to the Land Office for a deed of ownership. So, if you hold land under Chanote but a squatter takes possession and you do nothing to remove that squatter from the land for 10 years, then you could lose that land to the squatter. As this is only one year in case of possession (Section 1374 Civil and Commercial Code) it is not uncommon for someone else to claim possession over (part of) such land.

Land documents issued by other government departments

Large areas of Samui and Thailand are restricted for private use or are essential land claims which are not a confirmed right of use or possession. This could be claims of use which have filed with other government departments.

Land with a proper title (confirmed right of possession, the Nor.Sor.Sams and ownership Chanote) has many, many times the value of land without a title because of the rights associated with properly titled land. It is in certain circumstances possible to upgrade land from title-less to a regular land title deed and converting land from title-less to properly titled land is one of the easiest ways to make a lot of money fast. Due to scarcity of land (and skyrocketing land prices) many speculators (foreign and Thai) have been driven to the hills in Samui. This practice has let to a huge encroachment problem with many land titles on Samui hill sides encroaches and illegal. Granted the views can be spectacular, the best advice would be to stay away from land on hill sides, especially further up the hill. As a result of corruption and mafia activities and the lack of the central government's control large areas of title-less land (including public forest land) in Samui have been upgraded illegally and/or ownership papers have been falsified or illegally issued. Influential locals and corrupt officials got rich quick in Samui land scams.

It is in certain circumstances possible (based on the determination of the land by the government, the type and length of the claim and the use of the land) to upgrade untitled land such as to a title deed, Nor Sor 3 or Chanote. Approval is often very unlikely and the easy money is made by the Thais who have been selling this type of land claims, like the Tor.Bor.Ha (T.B.5). There is generally only money to be lost with these deals as the land will not be upgrade. The possible upgrade is often only in theory. With tricks, ignorance of foreigners and the suggested huge profits to be made many have lost their money in these scams or are still waiting for an upgrade which will likely never happen. Update: Sor Kor Nung (1) land can't be upgraded any more with the Land Department ( read news)

Bangkok Post, September 12 2005; 'Land authorities will not issue title deeds to holders of Tor Bor Ha / Sor Por Gor or Bor Por Tor land right documents on Samui island. Charoen Chanparn, of Surat Thani land office, said the office has told local leaders in all tambons on the island to survey the land plots and see which kind of land documents have been issued in their villages. ONLY holders of Sor Khor 1 and Nor Sor 3 land ownership documents would have their papers upgraded to title deeds. Suthee Thiankallaya, Land Department inspector-general, said that although the state allows land owners to convert their land into capital, no title deeds for encroached land would be issued on Samui island'

Sor Por Gor. 4-01 (S.P.G. 4-01) is an allotment of land from the land reformative committee. Under no circumstance may this land be bought or sold. It confers the right to occupy only and be transferred only by inheritance. It seems that the land may be used for agriculture only.

Sor Tor Gor (S.T.G.), is an land certificate issued only in the zone of national reserved forest. The holder of this document has the right to reside and live on the S.T.G. land. This land is prohibited for sale, however, the right of the holder to reside and live on the land can be passed on heir by inheritance. This document issued by the Thailand Forest Department.

Por Bor Tor 5 (P.B.T. 5), is an evidence showing that the occupier of a plot of land has been issued a tax number and has paid tax for using and the benefit of the land. This evidence gives no official rights at all, but was formerly used to establish that the holder was occupying a plot of land and could apply for a Sor Kor 1 and later for a land title deed.

Nor Kor 3 (N.K. 3), is a utilization certificate issued under the Act of Land Allocation for Living B.E. 2511. This document issued only for members of a self-help settlement.

Gor Sor Nor 5 (G.S.N. 5), is a utilization certificate issued under the Act of Land Allocation for Living B.E. 2511. This document issued only for member of cooperative settlement.

Land measurments Rai, Ngan, Wah

1 Rai 4 Ngan (or 1600 Sq.m.)
1 Ngan 100 Wah (or 400 Sq.m.)
1 Wah 4 Sq.m.
1 Acre 2.5 Rai (approx.)
1 Hectare 6.25 Rai (approx.)

Metric measures are usually used in the construction and measurement of buildings.

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