Title Deeds in Thailand. Land ownership and real estate rights in Thailand are evidenced through a structured hierarchy of land title deeds, each reflecting a distinct level of legal recognition and enforceability. These titles are issued and maintained by the Department of Lands (DoL), a division of the Ministry of Interior, and are governed by the Land Code B.E. 2497 (1954) and related regulations.

Proper understanding of these title deeds is essential because land rights in Thailand are formally constituted through registration, not mere possession. A buyer or developer must assess the type of title to determine its legal certainty, transferability, mortgageability, and development viability.

II. Legal Framework and Administrative Authority

Title deeds are registered at local Land Offices, which maintain cadastral maps, boundary records, and encumbrance registries.

III. Classification of Thai Land Title Deeds

There are five principal types of land documentation in Thailand, each with distinct legal characteristics and administrative standing.

1. Chanote (Nor Sor 4 Jor) – Full Ownership Title

The Chanote is the strongest and most complete form of land title.

• Confers freehold ownership under Section 1308 of the CCC

• Boundaries surveyed using GPS coordinates, permanently marked with boundary posts

• Eligible for:

  • Transfer, sale, mortgage, lease

  • Subdivision and development

  • Foreigner condominium quota calculations (if used as project land)

It is the only title that allows legal land subdivision without further administrative upgrade.

Note: Only lands that have been properly surveyed and fall within certain zones are eligible for Chanote issuance.

2. Nor Sor 3 Gor (NS3K) – Confirmed Use Right with Survey

A Nor Sor 3 Gor grants the holder confirmed possession rights and is often a precursor to Chanote.

• Surveyed using aerial photogrammetry or ground instruments

• Land location and area confirmed but not permanently marked

• Transferable, leaseable, and mortgageable

• Eligible for upgrading to Chanote upon application and re-survey

This title is registered, meaning transactions and encumbrances must be entered in the public record.

3. Nor Sor 3 (NS3) – Possessory Right without Survey

This title evidences possession, but boundaries are not fixed by official survey.

• Land location and area stated, but boundary disputes may arise

• Transferable, but with higher encroachment and overlap risk

• Often lacks legal access road

• Requires administrative process and re-survey to upgrade to NS3K or Chanote

Use of NS3 land for construction or commercial purposes is legally possible but less secure.

4. Sor Kor 1 (SK1) – Initial Possession Claim Certificate

Issued historically under land reform and occupancy recognition schemes.

• Recognized as a claim of use, not ownership

• Cannot be sold or leased via registered transaction

• May form the basis for title upgrade applications

• Cannot be mortgaged or used in land development without upgrading

SK1 documents are not titles per se and require caution in private transactions.

5. SPK 4-01 and Agricultural Grants

Special-use titles issued by the Agricultural Land Reform Office (ALRO) under land reform programs:

• Can be used only for agricultural purposes

• Not transferrable except to heirs or under strict conditions

• Cannot be mortgaged or leased to third parties

These documents are administratively restricted and often misunderstood by buyers unfamiliar with non-commercial land tenure frameworks.

IV. Legal Effects of Title Deeds

V. Registration Procedures and Administrative Practices

A. Due Diligence at the Land Office

Before purchasing or developing any property, legal practitioners typically:

• Request a copy of the title deed (Thor.Dor.3)

• Review boundary maps, encumbrance notations, servitudes, mortgages

• Confirm land-use zoning and access rights

• Verify the identity and authority of the registered owner

This is done by reviewing the land book maintained at the local Land Office.

B. Transfer and Encumbrance Registration

Under Thai law:

• All transfers of registered land titles must be recorded at the Land Office

• Any unregistered transaction involving Chanote or NS3K is legally void

• Mortgages, leases over 3 years, and usufructs must be formally registered and noted on the back of the title deed

Fees and taxes are assessed based on the declared or appraised value, whichever is higher.

VI. Risk Considerations

A. Overlapping Titles and Survey Disputes

• In NS3 and SK1 areas, overlapping claims due to non-GPS boundaries are common

• The DoL may revoke improperly issued titles if land overlaps with:

  • State-owned land

  • National parks or forestry land

  • Road reserves or water channels

B. Forgeries and Falsified Titles

• Buyers should always check the issuance history and compare land office records with physical inspections

• Legal practitioners may request a title map (Nor Sor 5) to verify origin and survey trail

C. Foreign Ownership Restrictions

• Foreigners may not own land, regardless of title type

• However, they may:

  • Own condominiums built on Chanote land (within quota limits)

  • Lease land (30-year registered lease)

  • Hold land-use rights such as usufruct or superficies (must be registered)

Nominee arrangements are prohibited under Thai law and risk criminal penalties under the Land Code and FBA.

VII. Title Upgrading Process

If a landholder wishes to upgrade from SK1 → NS3 → NS3K → Chanote, they must:

1. File an application with the local Land Office

2. Submit proof of continuous use and occupation

3. Request a formal survey by the DoL survey team

4. Publish public notice for objections

5. Obtain approval and new title issuance

This administrative process may take 6–18 months depending on the land office's backlog and the complexity of the land history.

VIII. Conclusion

The Thai system of land titles is statutorily rigorous, and the type of deed fundamentally determines the security, marketability, and usability of the land. Professionals handling land transactions must carefully assess:

• The exact title classification

• Whether it was properly issued and registered

• The potential for upgrade or regularization

• The land’s encumbrance history and regulatory limitations

Failure to properly evaluate a land title’s legal status can expose investors to title revocation, development barriers, or legal disputes. Therefore, precise understanding of title categories and associated rights is critical for secure land acquisition and use in Thailand.