In the Sukhothai era, most of the land in Thailand was in the
possession of the people, who reserved the right to individually use land and
to transfer it to their heirs. Later, in the Ayuthaya and Ratanakosin era, 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 principal 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;
- the Sor. Por. Gor. which is responsible for land in reformed land zones; and
- the District Offices and Municipalities (Or. Bor. Tor) which look after public land zones.
The law has no retrospective effect on the individual's rights
to land under the law before the government appointed the land as a forest, public or reformed zone.
The individual's rights to the land are maintained.
There are two types of rights to private land:
- 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; and
- ownership by a person who has a title deed and documents in respect of the la
Here is a broad guide to the various land documents and what they signify:
Nor. Sor. 4 Jor. (Chanote)
It is the only document which can be described a land title deed,
because it alone confirms ownership of land. Ownership is protected by the Civil
and Commercial Code of Thailand. The land is accurately surveyed and its area
and boundaries are set using GPS with "parcel points" i.e. numbered concrete posts
which are hammered in to mark the boundaries of the land. Land held under a
Chanote may be sold, transferred, or mortgaged. There is no need to publicize
any legal acts, and it is possible to partition (divide) the land into smaller
plots.
Nor. Sor. 3 Gor. (Certificate of Land Utilization)
When compared to land held under a Chanote, it is land that has
not been surveyed and its area and boundaries set using GPS however the land
area and parcel points have been set by using an aerial survey. Land held under
a Nor. Sor. 3 Gor. may be sold, transferred, or mortgaged. There is no need to
publicize any legal acts, and it is possible to partition (divide) the land into
smaller plots.
Nor. Sor. 3 (Certificate of Land Utilization)
It is an instrument which signifies the land occupier's right
to possess the land, but without conferring actual possession. The borders of
the land must be confirmed by neighbors and by a ground survey before the document
is issued. There are no parcel points. This may cause problems in verifying the
land area. There are no limits to what use the land may be put (provided the use
does not contravene height restrictions, environmental protection laws, etc.).
The land may be sold, subject to compliance with the 30 day public notice
requirement.
Sor. Kor. 1
It is a notification form of possessed land. This document
entitles the holder to occupy and farm the land. The land may not be sold – it
may only be passed on by inheritance and its use is subject to the same
restrictions as possessed land whereby possession is partially evidenced by
a Por. Bor. Tor. 5 form. Depending on the land’s location, this document may be
upgraded to Nor. Sor. 3 or Chanote. No Sor. Kor. 1 has been issued since 1972.
Por. Bor. Tor. 5 or 6 forms
It is evidence that the occupier of a piece of land has been
issued a tax number and has paid tax for using the benefit of the land. This
confers no rights at all and is merely a piece of evidence towards proving actual
possession. The land must be used for agriculture. Strictly in legal theory, the
Land Code, does not prohibit the issuance of a Chanote for possessed land whereby
possession is partially evidenced by a Por. Bor. Tor. 5 form. In practice however,
the issuance of a Chanote for possessed land is subject to certain legal
conditions and all the relevant ministerial regulations and other rules must be
complied with. So in our experience, although it is not definitively impossible,
in practice it is by no means easy to procure the issuance of a Chanote for
possessed land strictly according to the law, in normal situations.Â
Sor. Por. Gor. 4-01 form
It is evidence of an allotment of land from the land reformative
committee, and under no circumstances may this land be bought or sold. It confers
the right to occupy only and can be transferred only by inheritance. It seems
that the land may be used for agriculture only.
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