Land Titles

[69_68iou1]

I showed intrest in buying some land for rubber, Problem being the land titles here are not worth any thing to a falang. (Sor.Bor. Kor.) so I belive

Family is getting all excited and running around and it seems all they are talking about is X rai and X Lan / cen......

Im trying to make it clear that I will only buy land with a Chanott or Nor. Sor. Sam or Nor Sor Sam kor (N.S.3).

Yep I will put it in her name and take a lease 30+30+30 or company, Build house, plant rubber trees, buy buffaloo, chicken, fish and they can have it when I don't want it.

For a Thai it might be Ok for land with a Sor.Bor. Kor. but it seems what they are talking about, selling land with a Sor.Bor. Kor. and is not possible even for a thai and as for a falang.......

Quote " The one significant thing that may not happen with a Sor.Bor.Kor is that it may not be sold, leased or transferred (except under last will and testament). "

I need to but the brakes on this before there is a loss of face and make it clear.

I keep hitting the same brick wall. "Many Falang Buy land. Why they do ok and you not. Why You scare. they not lose land"

I don't think they are trying to rip me off as the family allready has a 100 rai rubber plantation that they are cutting, pick up, tractor, Gold and 20 cows ect and they pay there own way and have given me there second house to live in.

If some one could help me translate the following it would also help other falang when trying to get thai to understand what a falang can buy.

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Chanott

Nor. Sor. Sam or Nor Sor Sam kor (N.S.3)

Sor.Kor. Nung (S.K.1)

Tor.Bor Tor.Hoc (T.B.T.6)

Tor.Bor.Tor.5).

Sor.Bor. Kor

They may be mortgaged, planning permission for development may be sought and granted. The one significant thing that may not happen with a Sor.Bor.Kor is that it may not be sold leased or transferred (except under last will and testament)

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Many thanks to whom can help me out and stop things going out of control and loss of face.

IF you are feeling really help full then the below would also be good to have translated

Chanott titles

Issued by the Provincial office of the Thailand Department, 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 Chanott title system, but with currently available funds, manpower and resources this process will take several decades to complete.

Nor. Sor. Sam or Nor Sor Sam kor (N.S.3)

Most "titles" in rural Thailand are however of the Nor. Sor. Sam or Nor Sor Sam kor (N.S.3) variety and are in the strictest interpretation "land exploration testimonial deeds". They are to all practical purposes land titles deeds (issued and maintained by the Ampher, the District land office) in as much as clear records of ownership are maintained, and that they maybe sold, leased, used as mortgage collateral etc. In the case of the Nor.Sor.Sam. (But not the more recently issued Nor.Sor.Sam.Kor) there is however a requirement that 30 days public notice is necessary before any change of status over the land can be registered.N.S.3. titles are in general less accurately surveyed than Chanott titles. In the case of the older (now increasingly rare N.S.3) titles the boundaries are only recorded in relation to the neighboring plots and survey errors in length of boundary or area of as much as 20% are not unusual.

The newer Nor.Sor.Sam. Kor. Is in general much more accurately surveyed and each plot is crossed referenced to a master survey of the area and a corresponding aerial photograph. For this reason whenever purchasing N.S.3 land which lacks clearly defined physical boundaries it is a wise precaution to ask the owner to stake out the boundary and then ask neighboring land owners to confirm the vendors interpretation of the boundary do not rely solely on the drawing on the deed.

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

Summaries of some of the lesser land title/claims are covered in Understanding

Sor.Kor. Nung (S.K.1)

Tor.Bor Tor.Hoc (T.B.T.6)

Tor.Bor.Tor.5).

Below the Chanott and N.S.3.title outlined in Understanding land Titles, part 1, there are a host of other forms of land claim document such as the Sor.Kor. Nung (S.K.1); the Tor.Bor Tor.Hoc (T.B.T.6) and the Tor.Bor.Tor.5). These rights are essentially a form of squatter or settlers claim, which has been filed with the district office and upon which a small fee has been paid. Unlike the Chanott and N.S.3., it is neither possible to register a sale or lease over these land rights, nor will a bank accept them for collateral and most importantly you cannot apply for (or obtain approval) to build on such land.

In certain circumstances, based on the length of the claim and the user to which the land has been put, it is possible to upgrade these land claims (to N.S.3or Chanott titles. The steps involved is such an application and the number of government departments required to approve such an application (where such approval is often discretionary) is however quite daunting and most definitely not recommended to anyone without the best of connections at the district, provincial and (in many cases) national level.

Sor.Bor. Kor.

The more recently issued Sor.Bor. Kor. Titles about which there was such a political scandal in 1997 are very different to the above claims. These are true title deeds, accurately surveyed and pegged (like a Chanott). They may be mortgaged, planning permission for development may be sought and granted. The one significant thing that may not happen with a Sor.Bor.Kor is that it may not be sold leased or transferred (except under last will and testament). Many of those who claimed and received (and in a few notable cases-had them rescinded) these titles, expect that this limitation will change in time or that the titles can be quickly upgraded to a full Chanott. This is not a universal interpretation of the intention of the new titles and with the Democrat government anxious not to burn its fingers the same way a second time, it is unlikely that any upgrading will granted in the near future.