Title Deeds in Thailand

Title Deeds in Thailand. In Thailand, land ownership is legally recognized and regulated through a hierarchical system of title deeds issued and maintained by the Department of Lands (DoL) under the Ministry of Interior. These title documents—ranging from full ownership to mere possession—determine the nature and security of rights over immovable property.

Understanding the distinctions between Chanote, Nor Sor 3 Kor, Nor Sor 3, Sor Kor 1, and other documents is crucial because they affect not only transferability, registration, and development potential but also a party’s ability to lease, mortgage, subdivide, or build on the land.

II. Statutory and Administrative Framework

A. Primary Legislation

• Land Code B.E. 2497 (1954): Governs land ownership, title issuance, and registration procedures

• Civil and Commercial Code (Book IV): Governs land rights such as leases, superficies, servitudes

• Ministerial Regulations and Interior Ministry Notifications: Provide procedural details

B. Competent Authority

• Department of Lands (DoL)

  • Maintains cadastral maps

  • Conducts land surveys and demarcations

  • Registers transactions and encumbrances

  • Issues and upgrades title documents

The Provincial or District Land Office under the DoL handles all title-related administrative functions.

III. Types of Land Title Documents

1. Chanote (Nor Sor 4 Jor) – Full Ownership Title Deed

This is the highest form of land title in Thailand, certifying full private ownership with fixed and GPS-surveyed boundaries.

Key Implication: Only Chanote land can be legally subdivided for residential development or condominium projects.

2. Nor Sor 3 Gor (NS3K) – Confirmed Usage Title with Survey

This title certifies a confirmed right to use land, based on official survey and mapping—although not with GPS precision.

A landowner must apply for conversion to Chanote through the Land Office with proof of possession and usage.

3. Nor Sor 3 (NS3) – Non-Surveyed Usage Certificate

This document confirms legitimate possession without an accurate survey or fixed boundary lines. It is legally recognized but weaker than NS3K or Chanote.

Note: NS3 land is not accepted for condominium registration or BOI projects unless upgraded.

4. Sor Kor 1 (SK1) – Claim Certificate

Sor Kor 1 is an initial claim document proving possession or occupation. It does not confer full rights and is often used as a basis for later title applications.

Due to its weak evidentiary value, transactions involving SK1 land carry elevated risk and should include title upgrade planning.

5. Other Land Use Documents (Non-Title)

• Por Bor Tor 5: Tax receipt for land use; not proof of ownership

• Nor Kor 3: Agricultural land allocation with use restrictions

• SPK 4-01: State land distributed for farming; non-transferable, not mortgageable

These documents do not confer ownership rights and may not be used for commercial purposes or foreign ownership structures.

IV. Legal Implications of Title Hierarchy

Practical Note: Foreigners may only acquire condominiums built on land with Chanote titles; other forms of land titles are not eligible for foreign freehold ownership.

V. Title Upgrading Process

Title upgrading is governed by regulations issued under the Land Code. Conditions typically include:

• Proof of continuous possession and use

• Absence of boundary disputes

• No encroachment on state or protected land

• Submission of land tax receipts, witnesses, and supporting documentation

The upgrade proceeds in stages:

SK1 → NS3 → NS3K → Chanote

Upon approval, the Land Office will conduct a survey and verification, publish a notice, and invite objections. If uncontested, the higher-level title is issued.

VI. Title Deed Transfer Procedures

For registered titles (Chanote, NS3K):

1. Due diligence: Review title deed, encumbrances, land use, and access rights

2. Agreement: Execute sale and purchase contract

3. Taxes and fees: Pay transfer fee (2%), stamp duty (0.5%), and income withholding tax

4. Registration: Sign documents at the Land Office; transfer noted on deed

5. New deed: Buyer receives updated title with official stamp

Transfers involving NS3 or SK1 land are more complex and may require local administrative approval or formal title upgrades before sale.

VII. Risks and Due Diligence Considerations

A. Overlapping Claims

Survey errors, boundary ambiguity, and illegal issuance can lead to conflicting titles—particularly in NS3 and SK1 zones.

B. Encroachment on Public Land

The Land Department may revoke a title if found to encroach on:

• Forestry land

• Road reserves

• State land without concession

C. Forgery and Unregistered Transactions

• Always verify Land Office stamps and registration

• Ensure parties to transaction have legal capacity and ownership authority

VIII. Conclusion

Thailand’s title deed system is administratively complex and legally nuanced, reflecting the historical evolution of land use rights, cadastral development, and centralization of records. Title classification determines the extent of ownership, legal protections, transferability, and development feasibility.

A full understanding of these distinctions—and careful due diligence at every stage—is indispensable for ensuring that real estate transactions in Thailand are legally sound, secure, and compliant with the Land Code.