Por Bor Tor 5 Or To Bor 5 - Upgrade Possible?

[mangostays]

Hello,

Simple questions:

1. Is it legal to upgrade PBT5 or TB5 land to Sor Kor1 and above (NSS3, NSS Jor (Chanote)

2. Is it legal to sell PBT5 or TB5 land to a foreigner

Thanks

A

[RAZZELL]

1. Yes.

2. In most cases can't be "sold" full stop. No rights of ownership only "squatters rights".

http://isaanlawonline.com/Land_law_2.html

RAZZ

[katabeachbum]

As I understand lease or usufruct can only be registered in Nor Sor Sam Gor or Chanote.

PBT5 or TB5 can probably not be registered in co ltd name, only thai individual.

[ThaiLawOnline]

1) Yes. But A LAW (an Act) MUST BE PASSED. You can't go to a municipal office and ask to upgrade this title deed. However, this year, the governement is trying to upgrade many areas and asked the people having these title deeds to go somewhere in order to register for upgrading. I don't know more. These title deeds are VERY common in rural areas and you can't register anything on them (lease for more than 3 years, usufruct, mortgage) as the government owns the land.

2) A Por Bor Tor is a possessory right. You don't sell "ownership" but the right to "possess". And you should know that foreigners are NOT allowed to own land in Thailand, with some rare exceptions (40 million baht investment, BOI approval, etc).

For title deeds information, check http://www.thailawonline.com/en/thailand/t...eds-in-thailand

[samILO]

Phuket has special regulations in this case. No Por,.Bor Tor 5 land can be upgraded anymore. FULL STOP!. And general no Sor.Kor.1 can be issued anymore but such land can be upgraded. AND NO you can not register any rights against the property as this title deed is not controlled through land department issued title deeds. It is merely a Tax notification that one pays taxes. Find some details of title deeds below:

The first is the right of possession ( Possessory right), i.e. people who possess and use the benefit of land will have the right to possess such land under the Civil and Commercial Code. The second is ownership by a person who has a title deed and documents concerning the land.

1. Sor Kor 1 is a notification form of possessed land. There is a certificate to show the right to the land. This maintains existing rights. Notification of Sor. Kor 1; on December 1st 1954, the government advised all land proprietors to notify such possession to the government as per form Sor. Kor 1. After it was proven that such a proprietor had possessed the land legally and used the benefit of the land, then the government would issue Nor. Sor 3 or Nor. Sor. 3 Gor as evidence. Nor. Sor 3 and Nor. Sor. 3 Gor are legal certificates provided that any name shown on the title is a person who has the right to the land (according to the principle law). This right will be recognized by the law and can be used as evidence in any dispute with an ordinary person or the government.

2. Por. Bor. Tor 5 (6) is evidenced by the issuance of a tax number for the purpose of paying tax for using the benefit of the land. Such land has not yet been assessed as to the person’s right to possess such land. In the event that there is no title for the land , then it may be land in a conserved forest, public land or land which existed under Sor Kor 1, Nor. Sor 3, Nor. Sor. 3 Gor or a title deed. Any of these titles must have a Por. Bor. Tor 5 (6) as tax must be paid, the same as any land without a title. Purchase of such land is possible by handing over the possession of the land to the buyer along with the tax number. The right to land under Por. Bor. Tor 5(6) can not be used as evidence in any dispute with authorities.

3. Sor. Por. Gor 4-01 is an allotment of land from the land reformative committee, and under no circumstances may this land be bought or sold. It may be transferred to heirs only.

4. Nor .Sor. 3 is an instrument certifying the use of land issued by the government to the proprietor of land not a possessory title, i.e. it is confirmed by law that a person holding Nor. Sor 3 has the legal right to possess the land. This land title can be used as a legal document or to use the benefit of the land as an owner. Nor Sor 3 is a floating map with no parcel points. It is issued for a specific plot of land and is not connected to other land plots. This causes problems in verifying the land area. Any legal acts must be publicized for 30 days.

5. Nor. Sor. 3 Gor is a legal land title with the same legal basis as Nor. Sor. 3. The difference being that Nor. Sor. 3 Gor has parcel points on the map, and is set by using an aerial survey to set the points and the land area. It is possible to verify a nearby land area. It always uses the same scale of 1:5000. There is no need to publicize any legal acts, and it is possible to partition ( divide ) the land into smaller plots.

6. Chanode Land Title Deed - Nor. Sor. 4 Jor or Nor. Sor. 4 or Nor. Sor. 4 Ngor is a certificate for ownership of land. A person having their name shown on the deed has the legal right to the land, and can use it as evidence to confirm the right to government authorities. The title deed has been issued by using GPS to set the area and boundaries of the land, which is a very accurate method. Any legal acts may be done immediately, as per the right of ownership. Land partition of more than 9 plots must be carried out according to the Land Allotment Law, Section 286.

7. Condominium can be owned by a foreigner with ownership registration on the land-title if the foreign total held ownership is not over 49 % (some areas and projects 100 %) from the total square meters of the building. In this case the foreigner has to send the funds to Thailand in foreign currency in order to obtain a "Foreign Exchange Form' form from the bank with the remark ‘to purchase a condominium’.