In order to buy property in Thailand, you must first conduct a title deed search in Thailand. The existence of liens is confirmed, the current title classification is identified, the seller’s right to own or lease the property is established, and the ratio of Thai to foreign ownership of a condominium can be determined.
Konrad Legal gathers the property’s documentation and title deeds and double-checks the information with the Land Department.
Land Title Documents in Thailand: Types
Nor Sor Si Jor or Title Deed Certificate
Land Office posts accurately survey and stamp a valid title document. The land can be sold or transferred unless the prior owner states that the new owner is not allowed to sell or transfer the land for a period of five or ten years after accepting ownership of the estate.
Chanote Title Deed (NS-4)
A Chanote verifies that the property owner has complete ownership rights. The results of the survey are denoted by concrete or metal poles, which are later confirmed by satellite pictures. This property may be transferred or sold subject to the restrictions set forth in the purchase agreement by the prior owner. For a number of years, such restrictions may prevent the sale or transfer of the property.
Nor Sor Sam Certificate of Use (NS-3)
An NS-3, or Certificate of Use, is a document that confers unofficial ownership rights. The sale or mortgage of the land must be advertised for 30 days at the Land Department, after which the transaction can be registered if no objections are lodged. The land in question has been unofficially surveyed, and the results have yet to be confirmed by satellite images.
These are property title deeds issued by the District Land Office with clear ownership records that can be sold or leased after giving the public 30 days’ notice. They are surveyed less thoroughly than a Chanote.
Nor Sor Sam Kor Confirmed Certificate of Use (NS-3K)
The NS-3K is similar to the NS-3 Gor, except it is surveyed and issued in an area where parcel points have not been established through an aerial survey. The corresponding land office issues this document. There are no constraints on how the land may be used, and no legal activities must be advertised; you can even subdivide the land into smaller parcels.
Ownership is clearly verified with a Confirmed Certificate of Use or NS-3K. The land in question has been unofficially surveyed and marked, with satellite images confirming the results. The owner can ask for an official survey and upgrade of an NS-3K to a Chanote Title Deed from the Land Department.
Nor Sor Sawng Preemption Certificate (NS-2)
An NS-2 is a claim certificate that permits temporary land possession and use. The land cannot be sold and can only be passed down through the generations. The title may, however, be upgraded depending on the place.
The NS-2 is a letter of consent from the land department to the owner. The bearer of this document has the right to occupy and utilise the land for a limited duration. Within six months of receiving NS-2, the holder must begin occupying and utilising the land, and within three years of receiving NS-2, the holder must complete the utilisation of the land. This property cannot be sold or transferred unless it is inherited. This document may be upgraded to NS-3, NS-3K, or NS-4J (Chanote) depending on the location of the land; nevertheless, the prohibition on sale or transfer remains in effect after the upgrading.
Sor Kor Nueng Claim Certificate (SK-1)
The SK-1 verifies land occupancy, but not ownership. The land can be occupied and used by the holder. By giving the SK-1 to the new owner, the land can be simply transferred. The title may be upgraded depending on the place.
The SK-1 land document is merely a notification of land possession with minimal rights attached. It gives the proprietor the right to live on and use the land (generally for farming). The individual who really occupies the land may have a stronger claim than someone who merely has a notice form. This property can be sold or passed down through the generations. The transfer process is as simple as passing over the notice form and the usage of the land to another individual. It is not feasible to register rights to this form of land (sale, lease, usufruct, mortgage, etc.). This document may be upgraded to a title deed NS-3, NS-3K, or NS-4J depending on the location of the land.
The Bottomline
It is critical to conduct a Title Deed Search in Thailand prior to acquiring property in the nation. This search will reveal whether there are any outstanding liens on the property, whether the seller has ownership/lease rights, and what form of documentation has been issued.
The type of title deed search you wish to execute depends upon the type of property you are willing to buy in Thailand. Additionally, it also depends upon the type of ownership you want. Konrad Legal has a team of professionally qualified lawyers to deal in such matters. For full-process support in this regard, mail us at [email protected].
