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| REAL ESTATE |
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| THAILAND LANDOWNING
LAW |
In
the beginning, i.e. the Sukhothai era, most of the land in Thailand
was in the possession of the people, who reserved the right to individually
use said land and to transfer it to their heirs. Later, in the Ayuthaya
and Ratanakosin era, the land was owned by the kings. The people
had to request a royal grant in order to obtain land. At present,
the possession of land has to be in accordance with the principle
land administration laws. There is the supervising Land Department
and some land is still controlled by other governmental authorities,
such as the Forestry Department, which is responsible for the management
of land in forest zones , Sor. Por. Gor. is responsible for land
in reformed land zones, District Offices and Municipalities (Or.
Bor. Tor) look after public land zones. All land under the control
of these government departments have no effect as to the rights
of people who owned land before the government appointed the land
as a forest, public or reformed zone. The law has no retrospective
effect on the individual's rights to land under the law before it
became a forest zone. That individual person still maintains its
rights to the land.
There are two types of rights to private land
The
first is the right of possession ( Possessory right), i.e. people
who possess and use the benefit of land will have the right to possess
such land under the Civil and Commercial Code. The second is ownership
by a person who has a title deed and documents concerning the land. |
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Sor Kor1
is
a notification form of possessed land. There is a certificate to
show the right to the land. This maintains existing rights. Notification
of Sor. Kor 1; on December 1st 1954, the government advised all
land proprietors to notify such possession to the government as
per form Sor. Kor 1. After it was proven that such a proprietor
had possessed the land legally and used the benefit of the land,
then the government would issue Nor. Sor 3 or Nor. Sor. 3 Gor as
evidence. Nor. Sor 3 and Nor. Sor. 3 Gor are legal certificates
provided that any name shown on the title is a person who has the
right to the land (according to the principle law). This right will
be recognized by the law and can be used as evidence in any dispute
with an ordinary person or the government. |
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Por.Bor.Tor
6 is
evidenced by the issuance of a tax number for the purpose of paying
tax for using the benefit of the land. Such land has not yet been
assessed as to the person's right to possess such land. In the event
that there is no title for the land , then it may be land in a conserved
forest, public land or land which existed under Sor Kor 1, Nor.
Sor 3, Nor. Sor. 3 Gor or a title deed. Any of these titles must
have a Por. Bor. Tor 6 as tax must be paid, the same as any land
without a title. Purchase of such land is possible by handing over
the possession of the land to the buyer along with the tax number.
The right to land under Por. Bor. Tor 6 can not be used as evidence
in any dispute with authorities. |
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Sor.Por.Gor
4-01 is
an allotment of land from the land reformative committee, and under
no circumstances may this land be bought or sold. It may be transferred
to heirs only. |
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Nor.Sor. 3
is
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. |
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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. |
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Land Title Deed
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. |
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Bullding on
Land Foreigners
have the right to ownership of buildings only, where land is not
included. Legal acts are unlimited. A suggestion for foreigners
is to lease the land for 30 years with an option to an extension
of the lease, then purchase ownership of the house built on the
land. Certainty of possession of land and house is assured, by being
the owner of the house. The ownership of the land shall be leased
out. If arranged as stated above, then the house will be separate
from the land, and will not be a component part under the Civil
Law. Ownership of buildings can be confirmed, and the lessor can
not seize the house upon expiration the lease. |
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Mayday Property. Under roof
of Solid Material Ltd., Part. |
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