Obtaining Title Over Untitled Land

[GuestHouse]

Anyone help with this one:

We have bought a plot of land (Full Chanote).

This land was bought after a bank forclosure/court seizure and then auction.

Adjacent to the land is a piece of untitled land which was in use by the previous owner but which has no title deed.

Along side of us is a similar plot, full Chonote with adjacent untitled land - I am informed that the owner there has recently gained a certificate of use for the land adjacent to his plot.

I found this out when the previous owner of our plot (he who never paid his debts) offered to sell his rights to the untitled pliot (go figure).

--

Now if these adjacent plots are up for grabs, we are up for having the one next to us. BUT I'm not about to go ask the neighbours how they got title (Why hoist a flag saying come and plunder my wallet).

So.... has anyone experience or knowledge of how to obtain a certificate of use: Nor Sor Sam Kor/Nor Sor Sam/Sor Kor Nung?

And if so what advice can you offer?

Just to add, the land is untitled land between our plot and a river - I am aware of the restrictions of ownership adjacent to the river. The land is not within a national park or other such restricted area.

My thoughts are apply for a Sor Kor Nung to start with but I haven't the foggiest idea if this is possible or how to go about it.

I'd like to know the broad approach so that I can discuss this with our lawyers.

GH

Edited July 2, 2008 by GuestHouse

[lardy]

Anyone help with this one:

We have bought a plot of land (Full Chanote).

This land was bought after a bank forclosure/court seizure and then auction.

Adjacent to the land is a piece of untitled land which was in use by the previous owner but which has no title deed.

Along side of us is a similar plot, full Chonote with adjacent untitled land - I am informed that the owner there has recently gained a certificate of use for the land adjacent to his plot.

I found this out when the previous owner of our plot (he who never paid his debts) offered to sell his rights to the untitled pliot (go figure).

--

Now if these adjacent plots are up for grabs, we are up for having the one next to us. BUT I'm not about to go ask the neighbours how they got title (Why hoist a flag saying come and plunder my wallet).

So.... has anyone experience or knowledge of how to obtain a certificate of use: Nor Sor Sam Kor/Nor Sor Sam/Sor Kor Nung?

And if so what advice can you offer?

Just to add, the land is untitled land between our plot and a river - I am aware of the restrictions of ownership adjacent to the river. The land is not within a national park or other such restricted area.

My thoughts are apply for a Sor Kor Nung to start with but I haven't the foggiest idea if this is possible or how to go about it.

I'd like to know the broad approach so that I can discuss this with our lawyers.

GH

Just fence it off and wait, maybe grow something on it too.??

[churchill]

Can perhaps be done if you speak to the land office or a good local lawyer. They will charge you something ! It can depend on the shape of your Chanode and how the adjoining land can be incorporated into the same paper , without changing the original chanode shape . Can also depend on the size of your chanode in relation to the size of untitled land . You could not get 2 rai from 1 rai but may be able to increase from say 5 rai to 5.5 rai . Also all the owners of any adjacent land would have to agree to your ownership of this untitled plot .

[lannarebirth]

I have been through this procedure twice. As it is contiguous to the Chanote land you'll want to make application for full Chanote title at the land office. The land office if amenable (which they should be) will make a GPS survey of the piece and peg it with Chanote posts and make a provisional Chanote document and plot map. That's not the same as being granted Chanote. At this point they will need to begin interactions with the Forest Department to get the piece transferred from there to the land department. This is where it's very important to supply as much of a "provenance" as possible to show the line of ownership and use of the parcel. When granted the title will likely have a sale restriction of ten years (which doesn't mean much at all).

In both my cases I was aware of the additional untitled land and it's purchase was included in the sale of the Chanote/ Nor Sor Sam land to me. It sounds like your case is a bit different. You have to purchase it separately and additionally? Does the current possessor even have access to it anymore. As a condition of sale will they sign affadavits of transfer and use, together with being photoed signing and money changing hands?

Anyway, it's doable. If your wife is capable in these matters, have her enlist the help of the puyai ban. I would not have too many farang or Thai lawyers involved. My cases were in Chiang Mai and it may work differently elsewhere. Good Luck.