Thailand Title Deeds and Land Titles for Property in Phuket Thailand
Essential
As a buyer, you need to be aware of the various title deeds and land titles for property in Phuket Thailand to better understand what you are being offered. Land titles are the most common evidence to prove land ownership, rights of possession, and other interests in the land. In Thailand, there are various types of land titles and each one provides a different level of security for the buyer.
Remember, the property title is proof of ownership; therefore the quality of the land title deed determines the fundamental security of your investment.
As a foreigner buying a property in Thailand, you should only consider the land that comes with a Chanote, Nor Sor Saan (3) Gor, or Nor Sor Saam (3) land title. These titles can be sold, resold, leased, transferred, and used as mortgage collateral. They are the only titles that can be registered for the right of ownership or lease to exist.
Checking land titles is a matter for lawyers. It is strongly advised not to buy land without full due diligence and a title investigation being carried out on the land by a competent local property law firm. We would be happy to provide a list of local law firms that our clients have worked with and we trust.
Chanote
The most secure type of land title for a property in Thailand is called a Chanote title. This land title deed is officially called Nor Sor Si (4) but is more commonly referred to as Chanote.
What type of title is this?
This is land that has been accurately surveyed using a global positioning system (GPS) to set the area and boundaries of the land and plot them against the national land survey grid. A common sign of Chanote titled land is the existence of numbered concrete posts in the ground marking the boundaries of the land.
What are the key benefits of the title?
A person with their name shown on a Chanote title deed has the legal right to the land and can use the deed to confirm this right to government authorities. Still, a large percentage of the land in Phuket has yet to be surveyed. For this reason, Chanote titled land can often be hard to find and thus commands a premium.
Where can I apply for this title?
This type of title deed can be applied for and obtained at the Phuket Provisional Land Office in Phuket Town.
Nor Sor 3 Gor
The second most secure land title is Nor Sor Saam (3) Gor which is also commonly marked out with marker posts against the national survey.
What type of title is this?
This land title can be used to prove ownership and possession. This type of land title in Thailand certifies that the person on the certificate has a confirmed right to use the land. It implies that all requirements to issue the title deed have been met and that the Chanote title deed is next and pending.
What are the key benefits of the title?
Where can I apply for this title?
This type of title deed can be applied for and obtained at the Phuket Provisional Land Office in Phuket Town.
Nor Sor 3
The third level of land title is called Nor Sor (3).
What type of title is this?
This is basically the same as Nor Sor (3) Gor (confirmed certificate of use), except not all formalities required for certifying the right to use the land have been performed. Therefore, before any change in ownership of this land, a public notice of intent must be posted for 30 days before it can be sold, leased, or transferred to another party.
Condominium Title, Or Chor 2
A condominium comprises title to a private condominium unit, together with co-ownership of common property. Due to the fact that condominiums are a special form of property that foreigners can own, many aspects of condominiums are governed by legislation contained in the Thai Condominium Act, which clarifies the law for property developers and provides a degree of “consumer protection” for buyers of property in Thailand.
What are the key benefits of the title?
Registered condominiums have a special title or condominium title called Or Chor 2. This title shows the ownership of the individual unit and the share of the co-ownership of the common property. This special title deed lists the location and deed number of the land along with the floor plan of the condo unit and the ratio of common property.
What should I keep in mind?
Only 49% of the registrable area of a condominium development can be allocated to foreign buyers but this is one of the easiest ways for foreigners to acquire direct property ownership in Thailand, and it is the clearest, most straightforward, and unambiguous ownership type.
In Conclusion
We would suggest that you only consider buying a property that comes with the titles mentioned above. These are the titles that give you a registered interest with the ability to make improvements or build on the land.
For more detailed information on Thailand Title Deeds, Land Titles, and Property in Phuket contact us today at +66 93 606 0906 (WhatsApp) or email us at [email protected].
