When you want to buy a property in Thailand, you should conduct a Title Deed Search. This will allow you to know if the title document is in order, and if there are any actions against the seller of the property. This will also allow you to know if a mortgage is pending.
Conducting a Search on the Property Title
When buying property in Thailand, it is essential to conduct a Property Title Search to ensure that the seller is the legal owner of the property. This search will reveal any liens or other encumbrances against the land. It will also reveal any mortgages or leases that may be in place on the property. A good property lawyer in Bangkok will be able to advise you on the best ways to conduct a Property Title Search.
Whether you are buying a condominium unit or a freehold property in Thailand, a property title search is essential. Thai law prohibits foreigners from owning freehold land, but allows foreigners to purchase condominium units. Condominium titles contain information such as the location of the property, the deed number of each unit, and the ownership ratio of the common property.
Land Titles in Thailand
Nor Sor Si (4) Jor (Chanote Title or Title Deed Certificate)
A true title deed accurately surveyed and marked by Land Office posts. The land can be sold or transferred unless the previous owner stipulates restrictions in selling or transferring that the new owner is not able to sell or transfer the land for 5 or 10 years after the acceptance of ownership of the estate.
Nor Sor Sam
These are land title deeds issued by the District Land Office with clear records of ownership which can be sold or leased by posting 30 days notice to the public. They are less accurately surveyed that a Chanote.
Nor Sor Sam Kor
These are similar to the above but are more accurately surveyed and correspond to an area on an aerial photograph. They are registerable as a right of ownership.
Sor Kor Nung
These are only a notification of land possession and to continue existing rights. Long-term dwellers may have the right to apply to the government for a higher form of title deed.
Tor Bor Tor Hok and Tor Bor Tor Ha
These are squatter’s claims to occupy land that has been settled. It is not possible to legally build on the land, sell or lease it.
Check the Title Document is in Order
If you’re thinking of buying a property in Thailand, one way to make sure it’s legal is to check the title document. This document is your property’s legal title and it shows who has rights to the property. In Thailand, all land was once the property of the king, and there’s a range of official documents that show ownership. Some of these documents restrict the sale of land, while others only allow it to be leased or sold. Fortunately, you can easily check if the title document is in order.
To make sure the title document in Thailand is valid, you can retain the service of a property lawyer. He will gather the necessary documentation and double-check the information with the Land Department. If everything is correct, the Land Office will stamp the document with a valid title. Once this has been done, you can sell or transfer the land. However, you need to be wary of the previous owner’s rights, which may restrict the transfer for a specified period of time.