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Types of Real Estate Title in Thailand
Thailand has a unique system of Real Estate Title compared with property title in other countries. In Essence, Thai law stipulates four types of Thai title that give one ownership rights in Thai Real Estate.
Chanote (Nor Sor 4): This Type of Thai Title Deed confers the strongest property right that one could have over Thai Real Estate. In order to obtain this type of Thai Real Estate Title Deed one must register the document with the local Thai land office where the property is located. This type of Thai Title Deed clearly and specifically delineates the size and boundaries of the property using Thai governmental boundary markers that are confirmed by satellite imagery. If possible it is best to obtain this type of Thai Real Estate Title.
Nor Sor 3 Gor: This type of property right is far stronger than some of the other Thai Real Estate Titles, but is still not a full Title deed as is the Thai Chanote. The reason for the inferiority of this Thai legal instrument is the fact that this form of Thai Real Estate Title does not have the boundaries of the property formally delineated (meaning approved officially by the local Thai land office). Unlike the Thai Chanote, the Nor Sor 3 Gor likely has no satellite imagery nor officially marked property boundaries. That being said, the owner of a Thai Title deed such as this has the right to request that the proper Thai agency of the government of Thailand have the Thai property surveyed and staked out so as to obtain a bona fide Thai Chanote.
Nor Sor 3: This type of Thai Real Estate Title is similar to the Nor Sor 3 Gor with the exception that the local land office in Thailand has never, even unofficially, set the boundaries of the Thai property. Therefore this type of Thai property title will have less legal strength than the Thai Chanote or the Nor Sor 3 Gor in Thailand.
Sor Por Kor 4-01: This Type of Thai Real Estate Title is unlikely to be of interest to foreigners. This type of Thai property right is an agricultural title deed. It is intended for Thai farmers and is a right to use and farm the Thai property with a small parcel aside for erecting a dwelling. This is mainly used by less affluent Thai farmers and it is very difficult for a foreigner in Thailand to purchase this type of Thai property right.
Right of Possession: A right of possession in Thailand is something akin to adverse possession in the US. Basically, this is a Thai “squatter’s right.” The owner of this type of Thai property right has a right to use the land, but a foreigner would have a very difficult time obtaining a property right such as this in Thailand. In order to prove and establish this type of Thai property title one must show a history of paying the Thai taxes upon the Thai property one is squatting upon. Even then, it could be possible to be denied this right and even if one were granted this right, in Thailand there are very few safeguards to ensure that it would not be revoked by Thai authorities at a later date.
Obviously, the best type of Thai Real Estate Title to obtain would be a Thai Chanote Title Deed. It is recommended that those wishing to obtain Thai should be sure to have a due diligence and Title search done on any and all property one is looking to acquire in Thailand. Integrity Legal has experience performing due diligence in Thailand and Thai Title searches to ensure that all of the proper Thai legal formalities are met.
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