Title Deeds
Title Deeds
The Significance of Property Title Searches in Thailand
Prior to acquiring property in Thailand, conducting a thorough title search is crucial to ensure a well-informed decision. A title search is strongly recommended for any real estate purchase, whether it involves a land parcel or a condominium unit. The following factors underscore the importance of a title search:
- Verification of Ownership: A title search confirms that the individual selling the property holds the rightful ownership and has the legal authority to transfer it to the buyer. Encumbrance
- Identification: It reveals any registered encumbrances on the property, such as loans, liens, or mortgages, that could impact the buyer’s ownership rights.
- Chain of Title: A title search traces the property’s ownership history back to the original titleholder. In Thailand, all land originally belonged to the monarchy.
- Land Reform Legacy: Thailand’s land reform initiatives have introduced complexities in determining ownership rights. Title searches help navigate these complexities.
Types of Property Title Documents
The Land Code defines various types of title documents used to establish land ownership claims:
Title Deed: A comprehensive document encompassing ownership details, including maps, pre-emption titles, and pre-emption certificates. It also lists registered encumbrances.
Por Tor Bor 5, Bai Jong (NS-2), and Sor Kor 1 (SK-1)
These documents establish initial claims to land ownership. However, properties solely evidenced by these documents cannot be leased or sold until a real title is granted.
Por Tor Bor 5
Indicates that the land occupant has a tax number and has paid land usage tax. However, it does not grant official ownership rights.
Nor Sor 2
A consent letter issued by the Land Department, granting temporary occupancy and usage rights.
Sor Kor 1
A notification form of land possession, providing real rights to occupy and use the land. It can be sold and transferred through inheritance but does not allow for lease, usufruct, or mortgage registration.
Nor Sor Sam (NS-3), Nor Sor Sam Gor (NS-3K), and Chanote (NS-4)
These represent higher-class title documents for land claims with partial or complete documentation. They allow for mortgages, leases, and sales.
Chanote
The most credible title deed, providing full ownership and unrestricted usage rights.
Or Chor 2 - Condominium Title
A certificate of ownership for a specific condominium unit, not the land itself. It details the unit’s location, dimensions, identifying information, and common property ownership ratio.
Title Revocation by the Land Department
Section 61 of the Land Code empowers the Land Department to revoke titles deemed inaccurate or illegally issued. This typically occurs when the original land ownership claim was fraudulent or involved government land.
Title revocations can occur decades after issuance, and affected landowners may not receive compensation. Therefore, title searches are crucial to identify potential title revocation issues.
Our Title Search Report
Upon completing your title search, our Thai property lawyer will provide a comprehensive report in English, along with the original Thai title deed. The report will include detailed property descriptions, dimensions, title verification, and a complete ownership history.