Transfer Chanote

[pontious]

My sister in law has not been to Thailand in 13 years-she lives in Norway. My wife wants to transfer a small piece of land that she paid for that is in her sisters name.. she will not communicate with us at all. Is there any way the chanote can be transferred to my wife.?

[blackcab]

No.

[Adumbration]

No.  

 

Put in other terms, you are asking if your wife can steal her sister's land.

 

Your wife might have a vague case based on unjust enrichment if she has solid proof of paying for the land.  But the legal costs would outweigh the price of the land.

[digbeth]

adverse possession, your wife's receipt of utility bills, local taxes will help

[Muhendis]

4 hours ago, digbeth said:

adverse possession

Yes this seems to be a possibility.

Squatting in Thailand was traditionally permissible under customary law and adverse possession can occur after ten years of continuous occupation

From Wikipedia look up Adverse possession.

The question of direct family might become a bit tricky. Why are the two women not talking?

[brianthainess]

Sister in law owns it, why would she transfer it, its hers now? Paying for anything that is not put in your name is, well just bonkers.

[LukKrueng]

45 minutes ago, Muhendis said:

Yes this seems to be a possibility.

Squatting in Thailand was traditionally permissible under customary law and adverse possession can occur after ten years of continuous occupation

From Wikipedia look up Adverse possession.

The question of direct family might become a bit tricky. Why are the two women not talking?

Actually it's a law against the overly rich. The way it works is that if you occupy a privately owned land for 10 years without the knowledge of the owner, that means the owner is too rich to notice and you can get legal ownership of the land on which your house is built + a small piece of land around the house ie if you encroached a 10 Rai plot and built a house to live in, you won't get ownership of the 10 Rai, only the house and immediate area around it. If the landlord is aware of your usage of the land and agrees to it with it without rental payment then you can't use this law to get ownership.

[Old Croc]

7 minutes ago, brianthainess said:

Sister in law owns it, why would she transfer it, its hers now? Paying for anything that is not put in your name is, well just bonkers.

Things are different in Thailand.

Land can divided, inherited or passed down to children without involving the Department of Lands. Very often the family member holding the Chanote  doesn't necessarily own the land.

Sometimes the one named on the title may do so only because they were the one who had a job when some other family member wanted a bank loan. They may have never lived on it nor paid for it.

 

In this case your wife should just use the land until the SIL makes contact.

[LukKrueng]

25 minutes ago, Old Croc said:

Things are different in Thailand.

Land can divided, inherited or passed down to children without involving the Department of Lands. Very often the family member holding the Chanote  doesn't necessarily own the land.

Sometimes the one named on the title may do so only because they were the one who had a job when some other family member wanted a bank loan. They may have never lived on it nor paid for it.

 

In this case your wife should just use the land until the SIL makes contact.

Not true. The only official ownership of a land is by having the land registered to your name on the chanot by the land department. Holding a chanot registered to someone else does NOT prove the ownership of the holder.

[Old Croc]

2 hours ago, LukKrueng said:

Not true. The only official ownership of a land is by having the land registered to your name on the chanot by the land department. Holding a chanot registered to someone else does NOT prove the ownership of the holder.

Do you have problems comprehending simple statements. 

I said "without involving the Department of Lands."

 

I never said it was official. I was discussing cultural

actualities outside legalities.

[LukKrueng]

2 hours ago, Old Croc said:

Do you have problems comprehending simple statements. 

I said "without involving the Department of Lands."

 

I never said it was official. I was discussing cultural

actualities outside legalities.

Wow, you're a grampy old croc.

 

The op was about LEGAL TRANSFER OF OWNERSHIP. And there is no other way of ownership AFAIK. You can say you own anything you want, but unless it is registered to your name, you DO NOT OWN IT.

 

I hope you won't have a problem comprehending this.

[Old Croc]

1 hour ago, LukKrueng said:

Wow, you're a grampy old croc.

 

The op was about LEGAL TRANSFER OF OWNERSHIP. And there is no other way of ownership AFAIK. You can say you own anything you want, but unless it is registered to your name, you DO NOT OWN IT.

 

I hope you won't have a problem comprehending this.

What a grampy (sic) and unnecessary reply.

Thanks for stating the bleeding obvious, and shouting about it, always very helpful.

My post was about alternative methods of land possession common with families in rural Thailand.

Sorry for offending you by suggesting something other than the exact parameters of legal land ownership. (sarcasm)

[pontious]

What happens to the Chanote if my sister in law dies in Norway.

[ThomasThBKK]

31 minutes ago, pontious said:

What happens to the Chanote if my sister in law dies in Norway.

Gets inherited obviously to her kids, husband or other family, which may or may not be your wife depending on her will.