LAND OWNING LAWS IN THAILAND
The land is purchased on a 30-year leasehold. Thai law stipulates
that a foreigner may not own land in his name - he has the right
of ownership of buildings only. If a foreigner wishes to purchase
land to build a property he has 2 options:
The land is purchased on a 30-year leasehold, with an option to
extend the lease for further 30 year periods. Possession of the
land is assured by virtue of the fact that the property occupies
the land. The lessor cannot seize the property upon expiration
of the lease, as the property is separate from the land.
If a foreigner is going to operate a business in Thailand then he
may purchase the freehold of the land through his Limited Company.
The land will be owned by the Company, not the individual. Foreigners
may still control land through a company of which they are a shareholder,
provided that the land area is less than 1 rai.
Plase click here for more
information.
LAND TITLES
There are many different types of land titles in Thailand, the
majority of which do not allow for the legal right to build on
that land.
Only 3 land titles are recommended; Nor Sor 3, Nor Sor 3 Gor,
and Chanote. More details as follows:
1. Nor Sor 3
Is the lowest land title which allows for legally building a property
and 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.
2. 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.
3. Chanote
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.
|
