What is the Chanote title deed. Read further here. Under the title deeds system in Thailand, the purpose of the system is to ensure that you can register your rights. These rights include leasehold agreements, usufructs as well as superficies. Likewise, these extend to the sale of properties in the country. These rights are registered with the Land Department. These range in title deeds include but are not limited to the Nor.Sor.3 land titles as well as the Nor.Sor.4.Jor/Chanote title deed.
You will note that the Chanote is a full and unhindered title deed as you would normally find in the West. The Chanote is normally called the Nor.Sor.4.Jor officially. There are also title deeds such as the Nor Sor Saam Gor/Khor, which offers a confirmed right of possession. Likewise, there is also the Nor.Sor.3 without an upgrade which does not appeal to buyers. This is mainly due to its limited rights as well as the survey status associated with this title. Note that if you are buying offplan that you ensure that you have read the Consumer Protection Act Thailand on here.
This type of land is very low on property rights and is mainly used by Thai nationals in rural areas. The documents only serve as a notification for land possession. The title has very few rights associated with it. As stated that is mainly used for farming in Thailand by the locals. This gives the holder only the right to occupy and use the land. Note that much like in the West occupation of the land holds more sway than mere possession of the land.
The document however can be transferred through inheritance. The transfer process merely entails handing over the document. You cannot lease the land, mortgage it, or register a usufruct against it. You could possibly upgrade the document to a Nor. Sor. 3, then Nor. Sor. 3 Gor, or Nor. Sor. 4 Jor (Chanote). This will also depend on its location and this has been explained in the article Thailand Land Code on this website.
In addition, you will note that since 1972, the Land Department has not issued any new Sor Kor 1 documents. Therefore, it is currently not possible to upgrade a Nor Sor 1 to a full title deed through the Land Department.
Note that the Nor Sor Song 2 is only a consent letter that was issued by the Land Department. Likewise, this document permits temporary occupation and use of the land. The holder must initiate occupation within 6 months and complete land utilization within 3 years of receiving the Nor Sor Song 2. However, this land cannot be sold or transferred except through inheritance much like the Sor Kor Nung (1). Depending on the land’s location, this document can be upgraded to Nor.Sor.3, Nor.Sor.3 Gor, or Nor.Sor.4 Jor (Chanote). Even after upgrading, the prohibition on sale or transfer remains in effect.
Note that the Nor Sor Saam (3) is a title deed that demonstrates a person’s right to possess a specific land plot. Even so, the land’s borders must be confirmed with neighboring plots. Unlike other types of land titles. You will note that there are no parcel points or numbered concrete posts marking the boundaries. See also the part of the Land Code in Thailand for land surveying. The person’s name on the title signifies the right to possess and utilize the land’s benefits as an owner. However without having full ownership. This right is however legally recognized and can be used as evidence in disputes.
The registration of sale, lease, and building approvals is feasible if the construction aligns with relevant regulations and laws. Note that, unlike document holders who have limited rights. The landowner of the Nor Sor Saam can also encumber the land. This can be a leasehold agreement or mortgage bond. This can also be registered with the Land Department. However, selling the land requires a 30-day public notice period. This is mainly to give your neighbors time to object as the borders may not be accurate and this might affect them.
The tile does have its issues. The surveyed boundaries are not very accurate. Hence the need to have a 30-day public notice period. This land title does create disputes during the 30 days.
Nor Sor Saam (3) Gor, on the other hand, shares the legal basis of Nor. Sor Saam but benefits from defined land boundaries accurately surveyed relative to neighboring plots. The land area property points are established using aerial surveys. Notably this type of title allows for easier registration of rights against the land and subdivision into smaller plots.
This title is very similar to the Nor Sor Saam (3) Gor. It is surveyed and issued in an area lacking parcel points set by aerial surveys. This document is issued by a land officer. There are no usage restrictions, and legal acts do not require publicizing. Subdivision into smaller plots is also feasible.
Regarding Nor Sor Si (4) Jor (Chanote), the Chanote serves as a certificate of true land ownership. This is a title deed without any limitations. The Chanote titles have been precisely surveyed and marked with unique numbered marker posts. Likewise on the national survey grid. Likewise, the Chanote titles are predominant in more developed areas of Thailand. Unlike other titles, legal acts like sales do not need to be published. There are no general usage restrictions, and land subdivision is permissible.
It’s important to note that a few years ago. The Thai government in certain locations in Thailand gave away land. These were full land deeds that had been issued under a land reform program. Note however that the government placed restrictions such as a limited time frame for selling the land after issuance.
Note that if a squatter possesses land uninterrupted for 10 years under a Chanote. They can apply for ownership. For general possession, the period is only one year, and it’s not uncommon for others to claim possession over such land.
Concerning Nor Sor Ha (5), this serves as a document verifying the holder’s rights. If accompanied by a utilization certificate. This indicates confirmation of land utilization by the district officer. This allows for selling or transferring land with this title deed and with the utilization certificate through land office registration. In the absence of a utilization certificate, land utilization has not been confirmed, and transfer is restricted to inheritance. Mote the article called can I buy a house in Thailand as a foreigner?
This land type offers minimal property rights and is mainly used in rural Thailand. The document serves as a notification for land possession, granting limited rights, particularly for farming. It provides the right to occupy and use the land, and although it can be transferred through inheritance, leasing, mortgaging, and usufruct registration are prohibited. Possible upgrades to Nor. Sor. 3, Nor. Sor. 3 Gor, or Nor. Sor. 4 Jor (Chanote) depends on location.
No new Sor Kor 1 documents have been issued since 1972, preventing Nor Sor 1 upgrades to full title deeds via the Land Department.
Nor Sor Song 2 is a consent letter allowing temporary land use within 6 months to 3 years. Transfers are limited to inheritance, and upgrades to Nor.Sor.3, Nor.Sor.3 Gor, or Nor.Sor.4 Jor (Chanote) retains the no-sale clause.
Nor Sor Saam (3) is a title deed demonstrating land possession rights, requiring neighboring plot confirmation. It lacks defined boundaries and is legally recognized but lacks full ownership. Sales, leases, and building approvals are possible, and encumbrances can be registered. Disputes may arise during the 30-day public notice period due to inaccuracies.
Like Nor. Sor Saam has defined boundaries, aiding the registration of rights and subdivisions.
Similar to Nor Sor Saam (3) Gor, it lacks parcel points and usage restrictions.
Chanote signifies true ownership with precise surveys, unique markers, and no usage restrictions or publication requirements.
Government-issued land deeds under a reform program have restrictions, including limited resale timeframes.
Possession for 10 years under a Chanote grants ownership rights.
With a utilization certificate, this document allows selling or transferring land. Absent a certificate, the transfer is limited to inheritance. The Land Department handles land registration, distinct from other government departments. Understanding various titles is essential for navigating Thai land ownership. Lastly if you are buying from a new development that you also understand the Contract Controlled Business which governs property sales from property developers in Thailand.
So as we can see under Thai law. The Land Department exclusively handles land registration as well as private rights in Thailand. Ownership transfer of land titles from other government departments is either restricted or not possible to register with the Land Department. In summary, understanding the nuances of different land titles and their associated rights is crucial in navigating Thailand’s land ownership landscape.