Land with No Chanote

[markeewan]

If anyone can help with this question, it would be appreciated.

 

My wife's father occupies a house on the waters edge in Phang Na province, it is not really a house, it is a shanty but in a great spot. The land does not have a Chanote, it is the type of free land issued by the government that can't be sold and it is in his name.

 

My question is that when he dies, who then owns the right to live there. He has six daughters, so is it shared equally amongst them or is there a defined way that this is handled? 

 

The question has come up because he recently had a stroke and is mid 80's already, so probably does not have much time left.

[thedemon]

No one will be able to answer your question until they know more precisely what land document is covering your father-in-law's occupation of that land. From your description there are a number of possibilities.

 

I think the most likely is Por Bor Tor 5 but have a look through this webpage and perhaps ask your wife in any of the terms mentioned there sound familiar.

 

https://www.samuiforsale.com/knowledge/thailand-land-title-deeds.html

 

[markeewan]

Thanks, that is a very helpful link.

[thailand49]

You actually answer your own question!  If it is registered then the land office government office as you stated would know the exact answer. You mentioned 6 daughters which I would assume one of them is GF or wife take her there and ask the question.  Thais have a bad habit of knowing the answer to where to go but act due to language as if they don't know and then there are times they don't want to ask because asking makes them look dumb? 

[hellohello]

dose the father have the blue book?  tambian Baan?

[Formaleins]

This type of land, if it is what I think ti is, can be  transferred within your fathers family. I expect it is the type of land that must be tended and kept in good order, or the government will take it from him.

Even though it has no chanote, it can often be used as a guarantee, it can often be rented out too. It is obviously not legally binding like a chanote title, but is better than nothing. We bought a 15 rai patch outside of Li for 250K about 12 years ago, it had lots of lam yai trees. We were able to farm the trees and sell the lam yai which made a few baht. After 5 years I resold it to a guy (TThai) from Li, we got back exactly what we paid for it, 250k.

[PoorSucker]

1 hour ago, hellohello said:

dose the father have the blue book?  tambian Baan?

You can not get a thambien bahn on this land title.

It's officially only for farming, you can not build a house (officially)

[khunPer]

On 11/15/2018 at 11:52 AM, markeewan said:

My question is that when he dies, who then owns the right to live there. He has six daughters, so is it shared equally amongst them or is there a defined way that this is handled?

Normally the land can be inherited, and will be shared between the heirs. In some cases, when one heir is interested in the land, that heir might buy the other heirs out.

 

If the land is for farming only – which it probably is, but you'll need to check the title of the deed if any, as it could be only land tax is paid – the land cannot be used for building a home, but a temporary shelter, used to for example overnight during farming work, is allowed.

 

The above Samui-For-Sale title deed link includes all aspects of land deeds.

????

Edited November 16, 2018 by khunPer

[blinkers]

On 11/15/2018 at 6:36 PM, thedemon said:

No one will be able to answer your question until they know more precisely what land document is covering your father-in-law's occupation of that land. From your description there are a number of possibilities.

 

I think the most likely is Por Bor Tor 5 but have a look through this webpage and perhaps ask your wife in any of the terms mentioned there sound familiar.

 

https://www.samuiforsale.com/knowledge/thailand-land-title-deeds.html

 

He said it couldn't be sold, if that,s the case it will not be Por Bor Tor 5, as this right of use can be sold and/or bequeathed.

[markeewan]

I am still checking with the family; so far they have little details, but I have confirmed that the land is without Chanote and they explained it as "land for stay".

 

Likely that it is either free off the government or that her Father bought it from someone who got it free from the government.

 

I found a couple of photos from when I visited last year and as you can see it is one of those properties that is over the water, so it is not farmland. The location is Takua Pa in Phang Na province.

 

[brianthainess]

19 hours ago, markeewan said:

I am still checking with the family; so far they have little details, but I have confirmed that the land is without Chanote and they explained it as "land for stay".

 

Likely that it is either free off the government or that her Father bought it from someone who got it free from the government.

 

I found a couple of photos from when I visited last year and as you can see it is one of those properties that is over the water, so it is not farmland. The location is Takua Pa in Phang Na province.

 

Land title apart. you could upgrade this house but, you are not allowed to put in concrete piles/posts below high tide level to my knowledge. hope this helps. you may get some info from the local land office and try asking around the other local residents. good luck.

[BritManToo]

On 11/15/2018 at 5:52 PM, markeewan said:

My question is that when he dies, who then owns the right to live there. He has six daughters, so is it shared equally amongst them or is there a defined way that this is handled? 

 

they explained it as "land for stay".

 

Yes, whoever lives there owns it.

The ones that choose not to live there get nothing.

You answered the question yourself in your next post.

Edited November 18, 2018 by BritManToo

[Cricky]

On 11/15/2018 at 5:52 PM, markeewan said:

 

My wife's father occupies a house on the waters edge in Phang Na province

From my understanding all land on the water's edge (sea side) cannot be owned - there is a boundary from the high tide mark which is government owned.

 

To the ThaiVisa readers - Please add more in regards to ownership of land by the beach if you know.

 

I see a lot of dwellings constructed which are illegal, Pattaya's walking Street is  a good example of people building businesses on land that is not theirs - illegal dwellings.