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In the beginning, i.e. the Sukhothai era, most of the land
in Thailand was in the possession of the people, who reserved the right to
individually use said land and to transfer it to their heirs. Later, in
the Ayuthaya and Ratanakosin era, the land was owned by the kings. The
people had to request a royal grant in order to obtain land. At present,
the possession of land has to be in accordance with the principle 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, District Offices and Municipalities (Or. Bor. Tor) look after
public land zones. All land under the control of these government
departments have no effect as to the rights of people who owned land
before the government appointed the land as a forest, public or reformed
zone. The law has no retrospective effect on the individual’s rights to
land under the law before it became a forest zone. That individual person
still maintains its rights to the land.
There are two types of rights to private land:
The first is 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. The second
is ownership by a person who has a title deed and documents concerning the
land.
- Sor Kor 1
is a notification form of possessed land. There is a certificate to
show the right to the land. This maintains existing rights.
Notification of Sor. Kor 1; on December 1st 1954, the
government advised all land proprietors to notify such possession to
the government as per form Sor. Kor 1. After it was proven that such a
proprietor had possessed the land legally and used the benefit of the
land, then the government would issue Nor. Sor 3 or Nor. Sor. 3 Gor as
evidence. Nor. Sor 3 and Nor. Sor. 3 Gor are legal certificates
provided that any name shown on the title is a person who has the
right to the land (according to the principle law). This right will be
recognized by the law and can be used as evidence in any dispute with
an ordinary person or the government.
- Por. Bor. Tor 6
is evidenced by the issuance of a tax number for the purpose of paying
tax for using the benefit of the land. Such land has not yet been
assessed as to the person’s right to possess such land. In the event
that there is no title for the land , then it may be land in a
conserved forest, public land or land which existed under Sor Kor 1,
Nor. Sor 3, Nor. Sor. 3 Gor or a title deed. Any of these titles must
have a Por. Bor. Tor 6 as tax must be paid, the same as any land
without a title. Purchase of such land is possible by handing over the
possession of the land to the buyer along with the tax number. The
right to land under Por. Bor. Tor 6 can not be used as evidence in any
dispute with authorities.
- 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 may be
transferred to heirs only.
- Nor .Sor. 3
is an instrument certifying the use of land issued by the government
to the proprietor of land not a possessory title, i.e. it is confirmed
by law that a person holding Nor. Sor 3 has the legal right to possess
the land. This land title can be used as a legal document or to use
the benefit of the land as an owner. Nor Sor 3 is a floating map with
no parcel points. It is issued for a specific plot of land and is not
connected to other land plots. This causes problems in verifying the
land area. Any legal acts must be publicized for 30 days.
- Nor. Sor. 3 Gor
is a legal land title with the same legal basis as Nor. Sor. 3. The
difference being that Nor. Sor. 3 Gor has parcel points on the map,
and is set by using an aerial survey to set the points and the land
area. It is possible to verify a nearby land area. It always uses the
same scale of 1:5000. There is no need to publicize any legal acts,
and it is possible to partition ( divide ) the land into smaller
plots.
- Land Title Deed
is a certificate for ownership of land. A person having their name
shown on the deed has the legal right to the land, and can use it as
evidence to confirm the right to government authorities. The title
deed has been issued by using GPS to set the area and boundaries of
the land, which is a very accurate method. Any legal acts may be done
immediately, as per the right of ownership. Land partition of more
than 9 plots must be carried out according to the Land Allotment Law,
Section 286.
- Condominium
( may be used as drafted )
- Buildings on land
Foreigners have the right to ownership of buildings only, where land
is not included. Legal acts are unlimited. A suggestion for foreigners
is to lease the land for 30 years with an option to an extension of
the lease, then purchase ownership of the house built on the land.
Certainty of possession of land and house is assured, by being the
owner of the house. The ownership of the land shall be leased out. If
arranged as stated above, then the house will be separate from the
land, and will not be a component part under the Civil Law. Ownership
of buildings can be confirmed, and the lessor can not seize the house
upon expiration the lease.
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