Where to begin?
Thailand land deeds – where does the process start for buying land in Thailand? One thing that must definitely be taken into consideration early on in the buying process is the type of land deeds that are worth buying. Looking at buying the wrong type of deed will only set the stage for a lot of lost money and big headaches.
Thailand land deeds – many different types
Thailand has many different types of land deeds all of which have their own features. Some ‘deeds’ are no more than just proof that the land has been used by the holder of the ‘deed’. Some are fully delineated and registered with scrutiny at the Thai Land Department’s local office. Some are marked with small concrete posts, numbered to correlate with a point on the deed ‘map’. With these Chanot type deeds, you can stand on the land with a deed in your hand and know exactly where you are on the land plot. With other types of deeds, you may be on the land you think you are, or on another completely different plot entirely.
Basic knowledge of Thai land deeds
It’s important that you know at least the basics of which deed is which. Later a lawyer should enter into the process and tell you more as part of the buyer’s due diligence process but to start, it helps to know a bit. Time spent looking into buying a land plot for sale that is of the unrecommended type deed can be saved. Add to that any money given in good faith, which may or may not be able to be returned, and a little knowledge is a winning formula.
Koh Phangan Realty Co check deeds and planning permission zones
Not every real estate agent here on Koh Phangan is as scrupulous as us here at Koh Phangan Realty. Some will just want to sell anything to make their commission. Not us! We ONLY deal with partially vetted Thailand land deeds to save on wasted time, for both you the buyer and ourselves.
Over the 16 years that we have been living and working here in Koh Phangan’s real estate sector some basic deed/land checks have become all the more important. Over this time many environmental protection laws for building permits have been made. Things such as no building taller than 6m in height either within 50m from the seafront or more than 80m above mean sea level must be thought about.
Now more than ever a good working knowledge of planning regulations must be known by the realtor and passed on to the prospective buyer. After all, you wouldn’t want to buy your perceived dream plot, only to find out later that your dream property is forbidden to be built there.
Due diligence by lawyer an essential step in any Koh Phangan property purchase
Of course, we don’t make as full a due diligence check as your lawyer should do later, but we do make deed checks, parcel point checks (size check), heights above sea level, building zone, and basic seller checks (both private and corporate sellers). This is by no means a replacement or a way to save costs on a lawyer’s due diligence checks. This is money well spent and akin to an engineer’s report of a ready-made house for sale. Sometimes you need an expert’s in-depth opinion to save a lot of heartache.
So, what are the Thailand land deeds available and which ones are ‘OK’ and which ones aren’t?
To answer just that question, please read on…
Recommended title deeds for buyers
CHANOT also known as Nor Sor See (4) Jor – โฉนดที่ดิน — น.ส.๔.จ
- Chanot title deed
- Highest Thailand land deeds possible
- Named after the Thai letters found at the top right corner of the deed — น.ส.๔.จ — น – Nor Noo — ส – Sor sua, ๔ (4) number 4 is pronounced ‘see’ in Thai language — and จ Jor jan — hence the name Nor Sor See Jor
- Registered at Land Department.
- Notice that the deed has parcel points, the small circles at the nodes, and also they are numbered. The small posts placed in the ground at these points have the same numbers as the deed.
- The owner has 1 copy and the 2nd copy is kept at the Land Department records office
- The original deed is made on one sheet induplicate then stamped in the middle this is then split into two deeds – each having half the stamp on it
- Actions are noted on the rear of the deed e.g. mortgages against land, servitudes, splits, changes of ownership, etc. so records of ownership, subdivisions, size of land, etc. are well documented.
- Accurate borders
- Mapped in accurate govt land survey database
- GPS surveyed – no slope accounted for – point to point measurement if the land is on a slope the surface area will actually be larger than the land.
- Borders marked with numbered posts which co-relate to the deed
NOR SOR SAM (3) GOR – น.ส.๓.ก
- 2nd highest type of Thailand land deeds
- Named after the Thai letters found at the top right corner of the deed — น.ส.๓.ก — น – Nor Noo, ส – Sor sua, ๓ (3) number 3 is pronounced ‘sam’ in Thai language — and ก Gor gai — hence the name Nor Sor Sam Gor
- Note the parcel points on the deed but no associated numbers for the points.
- This type of deed and has superseded the Nor Sor Sam only deed. Gor having been added to the deed name (Gor Gai being the first letter of the Thai alphabet, hence Gor is used as ‘A’ in Thailand – Nor Sor Sam ‘A’).
- Nor Sor Sam Gor has now in turn been superseded by the more accurate Chanot title deed due to newer and better surveying technologies.
- Can be upgraded to Chanot
- Surveyed aerially and so not as accurate as Chanot.
- Borders are relatively accurate due to surveying by Land Dept.
- Markers on land but not numbered markers for reference to the deed
- Safe to buy as registered at Land Dept
- Actions noted on rear of deed e.g. mortgages against land, servitudes, splits, changes of ownership, etc. so records of ownership, subdivisions, size of land, etc. are well documented.
NOR SOR SAM (3) – (NOT GOR) — น.ส.๓
- 3rd highest type Thailand land deeds
- This is an old type of deed and has been superseded first by the Nor Sor Sam Gor (Gor Gai being the first letter of the Thai alphabet, hence Gor is used as ‘A’ in Thailand – Nor Sor Sam (3) A) and also now the Chanot title deed.
- Can be upgraded to Chanot in most cases
- Never surveyed or surveyed only with a tape measure and so borders not as accurate as Chanot. Often the borders are only marked by the owner themselves and respected by the neighbours.
- Borders can be accurate due to the basic surveying method but also may not be.
- Safe to buy as registered at Land Dept but more checks and (contracted) upgrading prior to purchase is advised – price to be adjusted according to eventual land size i.e. a price per m2 and not for plot.
- Actions noted on rear of deed e.g. mortgages against land, servitudes, splits, changes of ownership, etc. so records of ownership, subdivisions, size of land, etc. are well documented.
Non recommended Thailand land deeds for buyers
Basically, all and any other deeds other than noted above
Here are some common ones you might have heard of
Sor Kor Nung (1)
- This type of deed is a very loose ‘deed’ best left to Thai’s to deal with
- This deed only allows the use of a piece of land only and is not a transferable ownership deed
- Borders, and even land location, can be very vague and often presents problems.
- This deed could possibly be upgraded to Chanot but the process will need to be completed by the owning family. A petition to upgrade, showing proof of long-term use, must be made at court. Once this upgrade is completed then and only then should a buyer think about buying the previously Sor Kor Nung land plot.
- In the past, it has been a regular occurrence that an issued Sor Kor Nung for one plot of land has been used to upgrade another plot of land (with no deed at all). This will inevitably incur problems for the initial holder, whether done with or without their knowledge.
Por Bor Tor Haa (5)
- This is a commonly found type of ‘deed’ but it is advised not to buy this type of land.
- This is basically a receipt, showing that the possessor has paid a very minimal land use tax.
- There is no land survey as such, just neighbours must sign off and confirm borders to this land every four years, and pay their tax at the same time.
- The land is still government property but the possessor is seen as only a tenant.
Sor Por Gor 4-01
- This type of land deed means it has been given to a poor or landless family by the government.
- This type of deed may not be sold.
- This deed can only be inherited as it must stay within the allocated family.
For any more information about Thailand land deeds or anything else real estate, Thai legalities, or Koh Phangan construction-related, please feel free to drop us a line on the contact form below. We would be happy to hear from you.
