A Deal Worth Pursuing?

[Ahnsahn]

About 6 years ago, a good Thai family friend of several years bought a 1 Rai section of a 10 - 12 Rai piece of farmland (sugarcane) in her hometown from its local owner. She has since built about 5 rather nicely appointed homes on this property where her immediate family now live. The land doesn't have a Chanote title (yet*) but she says that along with the land's owner, after her purchase, they went through the title transfer process at the Pu-Yai's office and 'registered(recorded?)' it.

Now, on our behalf, my friend is negotiating a good price from the same land owner for an additional 1 to 2 Rai of land adjacent to the land she previously bought.

Before hiring any lawyer to represent us, I would like to know if these circumstances make this deal worth pursuing.

My questions:

(Legal) - Without the land currently having a Chanote title, would we be opening ourselves up to one of those classic Thai legal "Who's-the-legal-owner" entanglements? (I don't know the exact type of title it is, though, our friend says her property (and our purchase) *'will be a Chanote title at some point in the future').

(From an agricultural/farmer's perspective) - Is it OK to build one's house on property bordering a sugarcane field? Being raised in the city, I know I wouldn't want to live next to a hog farm or chicken factory but other than the seasonal 'cane burning', are there inherent negatives living next to 8 - 9 Rai of sugarcane or is it as unassuming as living next to a corn field?

What are some of the differences for land-holder rights etc.?

Anything else worth knowing??

I'd really appreciate any and all opinions and/or advice.

TIA

[stgrhe]

My questions:

(Legal) - Without the land currently having a Chanote title, would we be opening ourselves up to one of those classic Thai legal "Who's-the-legal-owner" entanglements? (I don't know the exact type of title it is, though, our friend says her property (and our purchase) *'will be a Chanote title at some point in the future').

These are the land titles and any of the Nor Sor 3 are as good as a chanote. The only difference is how the land was surveyed. You really need to be careful buying anything else and DO NOT BELIEVE what you cannot see.

Land Titles

There are six different types of title deed in Thailand and it is essential to obtain correct information on the deeds to any property you intend to purchase.

The Chanote and the Nor Sor Sam Kor are the only titles deeds over which a register able right of ownership or lease can exist, and are as such the only ones that prudent purchasers should consider.

Chanot

Freehold title with the owner able to leave the land unattended. An individual named upon a title deed, may use the title as proof of ownership in all legal undertakings and with the authorities Title deeds are registered at the Land Department in the province in which the land is located, and there is no waiting time required to transfer title however sub-division of the titled plot to more than nine sub-plots must follow the Land Allotment Law, Section 286.

Chanote titles are accurately surveyed, plotted in relation to a national survey grid and also marked by unique numbered marker posts set in the ground. It is the long term goal of the Land Department, that all land in Thailand will be covered under the Chanote title system.

Nor Sor 3 Gor

This certifies that the person named on the certificate has the confirmed right to use the land, implying all requirements for the issuance of title deed have been met, and issuance of the title deed is pending. They may be sold, leased, used as mortgage collateral etc. The holder of this certificate cannot leave the land unattended for more than 12 years.

With this documentation the land area is defined with parcel points and is accurately mapped, showing adjoining plots on a map using a standard scale of 1:5000. Land with this type of documentation may be sub-divided and legal acts need not be publicised.

Nor Sor 3

Similar to the above Confirmed Certificate of Use except that not all of the formalities to certify the right to use have been performed. Before a transfer can be made, a notice of intent must be posted and then 30 days public notice is necessary before any change of status over the land can be registered.

No parcel points are marked and it is issued upon a specific plot with no frame of reference to connecting plots. Problems can occur when attempting to verify the actual land area of such plots covered by this documentation.

Sor Kor Nung

This recognises that a person is in possession of land but the Certificate does not imply that there are any rights associated which the possession. Land with this documentation cannot be bought or sold, and may only be transferred to the direct heirs of the person who holds it.

Por. Bor. Tor 6

This is documentation that all land must have in order for a tax number to be issued and tax to be paid upon the benefits of the land. It does not in anyway infer title, ownership or possessory right of the land, only that it has been assessed as taxable.

Sor Kor 1

This is the form required to notify the government of a possessory claim to a piece of land. This was introduced in December 1954 and was used by the government to verify claims upon the land with the eventual issuance of Nor. Sor 3 or Nor. Sor. 3 Gor certification.

My questions:

(From an agricultural/farmer's perspective) - Is it OK to build one's house on property bordering a sugarcane field? Being raised in the city, I know I wouldn't want to live next to a hog farm or chicken factory but other than the seasonal 'cane burning', are there inherent negatives living next to 8 - 9 Rai of sugarcane or is it as unassuming as living next to a corn field?

Sugar canes tend to attract rats and hence snakes. I would personally say the worst drawback would be the burning and I wouln't buy land next to a sugar cane field.

My questions:

Anything else worth knowing?

If the intended land is in Isaan get in contact with Isaan Lawyers, pay a small fee, and get good legal advice.

[Ahnsahn]

My questions:

(Legal) - Without the land currently having a Chanote title, would we be opening ourselves up to one of those classic Thai legal "Who's-the-legal-owner" entanglements? (I don't know the exact type of title it is, though, our friend says her property (and our purchase) *'will be a Chanote title at some point in the future').

These are the land titles and any of the Nor Sor 3 are as good as a chanote. The only difference is how the land was surveyed. You really need to be careful buying anything else and DO NOT BELIEVE what you cannot see.

Land Titles

There are six different types of title deed in Thailand and it is essential to obtain correct information on the deeds to any property you intend to purchase.

The Chanote and the Nor Sor Sam Kor are the only titles deeds over which a register able right of ownership or lease can exist, and are as such the only ones that prudent purchasers should consider.

Chanot

Freehold title with the owner able to leave the land unattended. An individual named upon a title deed, may use the title as proof of ownership in all legal undertakings and with the authorities Title deeds are registered at the Land Department in the province in which the land is located, and there is no waiting time required to transfer title however sub-division of the titled plot to more than nine sub-plots must follow the Land Allotment Law, Section 286.

Chanote titles are accurately surveyed, plotted in relation to a national survey grid and also marked by unique numbered marker posts set in the ground. It is the long term goal of the Land Department, that all land in Thailand will be covered under the Chanote title system.

Nor Sor 3 Gor

This certifies that the person named on the certificate has the confirmed right to use the land, implying all requirements for the issuance of title deed have been met, and issuance of the title deed is pending. They may be sold, leased, used as mortgage collateral etc. The holder of this certificate cannot leave the land unattended for more than 12 years.

With this documentation the land area is defined with parcel points and is accurately mapped, showing adjoining plots on a map using a standard scale of 1:5000. Land with this type of documentation may be sub-divided and legal acts need not be publicised.

Nor Sor 3

Similar to the above Confirmed Certificate of Use except that not all of the formalities to certify the right to use have been performed. Before a transfer can be made, a notice of intent must be posted and then 30 days public notice is necessary before any change of status over the land can be registered.

No parcel points are marked and it is issued upon a specific plot with no frame of reference to connecting plots. Problems can occur when attempting to verify the actual land area of such plots covered by this documentation.

Sor Kor Nung

This recognises that a person is in possession of land but the Certificate does not imply that there are any rights associated which the possession. Land with this documentation cannot be bought or sold, and may only be transferred to the direct heirs of the person who holds it.

Por. Bor. Tor 6

This is documentation that all land must have in order for a tax number to be issued and tax to be paid upon the benefits of the land. It does not in anyway infer title, ownership or possessory right of the land, only that it has been assessed as taxable.

Sor Kor 1

This is the form required to notify the government of a possessory claim to a piece of land. This was introduced in December 1954 and was used by the government to verify claims upon the land with the eventual issuance of Nor. Sor 3 or Nor. Sor. 3 Gor certification.

My questions:

(From an agricultural/farmer's perspective) - Is it OK to build one's house on property bordering a sugarcane field? Being raised in the city, I know I wouldn't want to live next to a hog farm or chicken factory but other than the seasonal 'cane burning', are there inherent negatives living next to 8 - 9 Rai of sugarcane or is it as unassuming as living next to a corn field?

Sugar canes tend to attract rats and hence snakes. I would personally say the worst drawback would be the burning and I wouln't buy land next to a sugar cane field.

My questions:

Anything else worth knowing?

If the intended land is in Isaan get in contact with Isaan Lawyers, pay a small fee, and get good legal advice.

Thanks a million!! Your Land Titles explanation alone should be pinned in this forum!! And thanx for the insight about the sugarcane animal infestation, that's the kind of info, that a city-raised guy like me needs to know......and no, the property isn't in Isaan, it's located a couple of provinces due west of Bkk.

Thanx so much again for your to-the-point reply!