Lost Landtitle Deed! Help... How To Retrieve?

[chriz777]

If anybody could give advice I would really appreciate it..., this is really complicated!

I bought a piece of land in Koh Samui and put it on my thai step-mom name. She is not my biological mom as my dad remarried 15 years ago with a thai women.

(I'm a foreigner, so I can't technically own the land) So it's on my thai (step)moms name, however I lost the title-deed of a chanote land that I own.

I wanted to sell the land, and found a buyer. So my brother showed him the land and basically he wanted to buy it. Now I have no idea where I put the landpapers -nowhere to be found-, and I know how stupid it is .... been banging my head on the wall for this... believe me.

I got a photo-copy of the land-papers and all other documents to the land. The landowner is on my moms name but she's living in Europe, it is not a big piece of land and I and she herself would like to avoid coming her over to thailand to have her get new landpapers. Besides the time it is quite costly flying in and back to europe (again it is not a big piece of land and I'm already selling it at a loss, so would love to avoid spending 50.000 baht++ to fly her in and then out).

I also don't live in Koh Samui anymore, but in Bangkok and in about a week I'm leaving to Europe as well.... so before I go to Samui I would like to get as much info nessecary to get a new copy of the landpapers so I can sell and transfer it to a new name... Landoffice in Samui isn't always very helpful.

So the question really is, can I get new landpapers (title-deed) -- not being the owner on paper --- thru perhaps Power of Attorney, if yes which power of attorney? What are the steps/documents required... ???

Summary of info.

-Landpapers are lost

-Landowner (stepmom) is abroad and does not wish to come to Thailand

-Land is in Samui

-I live in Bangkok

-Want to sell the land - I have a buyer ready to buy

-I have photocopy of lost landpapers

-Can get full co-operation from landowner (stepmom) she can sign/send or make any documents nessecary to get power of attorney

-Time is of essence

Please help... thanks very much in advance...

[MikeyIdea]

This cannot be fixed in one week

Nor is it about that the original title deed that you had is lost, you don't own the land and you never have. Land department has another original anyway. Whoever is selling the land needs to get a valid letter of atterney from the legal owner. You need a lawyer to help you with the details

Good Luck

Edited June 2, 2011 by MikeyIdea

[Lannatyne]

First thing is to find a lawyer you ABSOLUTELY know and trust. Maybe, not easy.

Then, get a Lasting Power of Attorney (old term is 'enduring') from step-mum authorising the lawyer to act. Once lawyer has this LPoA, they can deal with the land without requiring everything agreed by step-mum.

Basically, as long as you have the authority to instruct the lawyer, then you have control.

(The trust bit is that lawyer can deal at any time without reference to you or the owner. They could sell, take the money, and go without you knowing.)

[johnnyk]

The owner is the person named on the chanote. Unfortunately it is not the OP. Lawyers, guns and money?