Buying Land

[Mahseer]

Hi, I have no knowledge of farming or buying farm land in Thailand or elsewhere so going in blind here but situation is I am looking to buy 20 rai of paddy for the family (sound familiar?). Family have found the land and price has been discussed which they assure is fair (20k/rai in the Phetchabun boonies) and land has been used for many years as paddy and still is today.

But my question is this: What rules do I need to follow to ensure that:

A - We are buying from the owner.

B - Land has clear title.

C - Land ownership gets transferred to my wife's family.

I did search but there appear more questions raised regarding actual prices and what to do with land than the actual purchasing procedure itself. Is getting a bank involved by way of requesting a low an idea or does this just create more problems?

Thanks for any direction given

[chownah]

You can't sell land to a family...it has to be an individual so be sure you know who this will be...if its your wife you will probably have to sign a statement that you have no ownership rights to the land etc.

Be sure the price is agreed upon and also be sure you agree as to who will pay for which fees. Then you all just go down to the land office....the new owner must take their house book (the one for where they are registered to live and their ID card. You need to bring the money too. Also, my wife says that if the seller is married then they need to bring their marriage certificate as well as their house book and id card and money for the fees they will pay. You might bring your marriage certificate too....my wife and I don't have one as our marriage is not registered (not a legal marriage).

I think that's it...it is a very simple process in Thailand and can be done in one day.....if you show up later in the day you might have to come back and finish up the next day. When buying the land is a good time to request a survey (the land office does surveys) and I would guess that a survey for 20 rai costs about 2or 3 thousand baht but of course depends on location and natural obstacles to survey (rivers, cliffs, etc.)....also be expected to have a considerable wait for the survey if you order one....probably at least a month and likely two or three. Sometimes you can get the survey crew to come out and do a temporary unofficial survey within a couple of days or weeks...maybe not. Some types of title documents might not be able to be surveyed....don't know about that....I've only done chanotes.

chownah

[Mahseer]

Chownah, top man. Thanks for a clear explanation.

Land wil llikely go in my wifes name but the family will farm it as we live up North. I just couldn't picture any process here going smoothly but it very much looks like land transfer is the one.

Thanks once more

[chownah]

Chownah, top man. Thanks for a clear explanation.

Land wil llikely go in my wifes name but the family will farm it as we live up North. I just couldn't picture any process here going smoothly but it very much looks like land transfer is the one.

Thanks once more

I just had a thought....if you are still a bit nervous about it you could go down to the land office a few days early and ask them to go through the steps with you and to list what everyone should bring and also who usually pays which fees....but I (actually the wife) has gone through this three times and it has always been a one day thing with no problems....good luck with your new land!!!

Chownah

[keg]

Mahseer,

I think the first question to be asked is "what type of land title does it have". If it has a chanote it may be as easy as previously mentioned. However, if it only has a Sor Por Kor title, as most rural land in that neck of the woods, there are a lot more issues then that. My wife is from a neighboring province (Loei) and we previously lived in the village. From what I could gather in and around our village all or most land was Sor Por Kor only. I am not sure of the spelling but it means that the land is not supposed to sold but only passed down within the family. Even though they still buy and sell the land outside the family anyway, it is not supposed to be legal. Another issue with Sor Por Kor land is that it is not supposed to be used for loan purposes but most families had their titles at the bank for loans anyway. If they do not have the original Sor Por Kor, it will be a large lite yellow paper, and only have a copy it means the bank has the original on a loan.

If the land you are considering is Sor Por Kor land, I would do a little research into it first and if it is not from within her immediate family I would be even more wary. PM me if you would like some more personal info on the dealings I had with land purchases in the village.

Keg

[C-sip-degree]

Mahseer,

I personally would only buy land with the (red) chanote, if it doesn’t have a red emblem at the top of the title (green say) it will have to be changed to red $$$ then the transaction can continual.

If the land is well defined with it’s four corners you may not want to spend the extra on a survey as some of the figures quoted here are a bit light but if there is any confusion you will have no choice. Be willing to lubricate the chain or you will be waiting for months for survey.

50/50 is a standard arrangement on changing land titles Issan. If you can do better that this deal, good on Ya, but you will be looking at around 3000bht each easy. (things have gone up Guys)

Keg and Chownah are right one with there posts, because they have gone down this road and achived.

Good luck, plant the sticky.....

regards

C-sip

[Beardog]

Mahseer

My survey cost 4,000 baht for 4 & 1/2 rai in Bang Sare- outside Pattaya close to Sattahib.

I paid for they crew & they came out quick, however it took another month after purchase to get the actual last survey that stretched into another 3 weeks because it was close to the train & needed to be rechecked.

The train man made no bones about telling my girl it is customary for the buyers to pay him 1000 baht for lunch as he took 3 tlang twah for train access (Alisa more or less told him if you want a tip try doing something for your tip as removing land was not a good way to get a tip. My idea for his tip was a little harsher, but not being Thai I kept it to myself)

The land dept. would speed things up if we would have greased the wheels!

If they instantly jack up your buying price-instant appraisal without any real estate evaluation (as they did with our land),

You can get it back to original buying price with a tea donation - to their Buddha Pocket Fund!

Had I have known that I would have offered 10,000 baht to save the 45,000 baht increase.

Try to get a red Chinote, That way you know for sure that it is real!

A lawyer is about 8,000 baht (in Pattaya) maybe cheaper where you are at. Well worth it as you can make sure it is all kosher & implement your wishes on the transaction as well as pre check your lands bank liens. If you don't we will probably hear about your woes in the wah wah section. My neighbor did his without on 2 rai & paid 60,000 baht extra to pay a lien on the property; to gain possession of the 2nd rai.He didn't grasp the part bout protecting your ass-ets in a business deal. Here or in any part of the world! Make sure your Thai girl can convey all the lawyers wording so you do not have surprises-even if they speak English, the Chinote will most likely be in Thai as farang cannot own land in his name. I did not know till later the 50/50 agreement we made was to pay 50% of their income tax on the sale of the land. The actual transfer is nit noi compared to the (equivalent of a capitol gain tax they are supposed to pay.) If you need more info Quicksilver deals in real estate & is a real stand up guy & helps foreigners with advice. He posts a lot in Thai forum! He coached me through my transaction.

So far the replies you are getting are real good. Chownah has helped me on other farming questions & is a real ACE.

Good luck on your land purchase. I hope it goes smooth for you.

Best to not be in a hurry, it will take longer than expected -like all construction projects!

Good luck & once again thank you Chownah for all your great advice!