Understanding Land Titles in Thailand: A Comprehensive Guide
Under Thai law, the Land Department is the sole authority responsible for managing land registration and transferring private land rights. Ownership transfers or leases of land titles issued by other government departments cannot be registered with the Land Department or face significant restrictions. Below are the primary land documents in Thailand issued by other government departments.
Large portions of Thailand lack title documents and are classified as government or public land, not available for private use. Significant areas are restricted for private use or involve land claims that do not confirm rights of use or possession. Such claims may be filed with departments other than the Land Department.
Main Land Titles Issued by the Thailand Land Department:
Sor Kor 1 (S.K.1)
The Sor Kor 1 document is a notification of land possession with minimal associated rights. It permits the holder to occupy and use the land, typically for farming. The actual occupier may have superior rights compared to the notification holder. Transfer of this land type is possible through inheritance and involves handing over the notification form and possession. No registration of rights (sale, lease, mortgage, etc.) is allowed for this land. The document can be upgraded to Nor Sor 3, Nor Sor 3 Gor, or Nor Sor 4 Jor (Chanote), but new Sor Kor 1 documents have not been issued since 1972, and upgrades are no longer possible.
Nor Sor 2 (N.S.2)
The Nor Sor 2 is a consent letter from the Land Department allowing temporary land occupation and use. Occupation must start within six months, and land utilization must be completed within three years of issuance. This land cannot be sold or transferred except by inheritance. It can be upgraded to Nor Sor 3, Nor Sor 3 Gor, or Nor Sor 4 Jor, but sale or transfer restrictions remain in effect after upgrading.
Nor Sor 3 (N.S.3)
The Nor Sor 3 indicates a right to possess a specific plot of land, but boundaries must be confirmed with neighboring plots, lacking concrete boundary markers. The holder can use and benefit from the land, recognized by law in disputes. Sale or lease registration is possible, and building permits can be obtained if regulations are met. The land can be burdened with rights (e.g., mortgage) and registered with the Land Department. Sales require a 30-day public notice period.
The main issue with the Nor Sor 3 title is the lack of accurate surveyed boundaries, leading to potential disputes during transfer or upgrading, especially within the 30-day notice period and possible hostile possession claims.
Nor Sor 3 Gor (N.S.3.G)
Similar to Nor Sor 3, but with accurately surveyed boundaries and aerial survey verification. Legal acts, such as sales, do not require publication, and rights against the land can be registered. The land can be subdivided into smaller plots.
Nor Sor 4 Jor or Chanote (N.S.4.J)
The Chanote is a certificate of true land ownership, the only title confirming full ownership. Land under Chanote titles is precisely surveyed and GPS-plotted against a national grid, marked by unique numbered posts. Chanote titles are common in developed areas of Thailand. Legal acts like sales do not require publication, and there are no general use restrictions, allowing for land subdivision.
