Question About Owning Land In Thailand.

[Thongkorn]

I would be greatful of any advice regarding buying land in Thailand

For a start its not myself who is buying the land, its the Thai wife, she has been offered some land buy her Cousin who wants to sell it.

The wife seems to think that all you have to do is go to the Ampher and get the name changed in the Blue book, would this be Correct.

I think that that's to easy and not correct, Also I have heard that Thais can borrow money against the land, I would not want her to buy the land

and then find that there is money owed on it. So the Questions are

Is all you have to do, is change the name in the blue book

and how can you check to see if any money is owed on the land.

thanks for your reply's in advance.

[monty]

The blue book has nothing to do with land, but only with the house which might be standing on it.

No house, no blue book.

Land ownership is by a land title deed, called the chanut.

Change of ownership is done at the land and house department, and incurrs transfer taxes.

Taxes depend on sales price and on how long the current owner owned the land.

Normally if money is borrowed with the land as collateral, then this is registered on the back of the land title deed.

To make sure you can also double check the registers at the land and house department.

[rgs2001uk]

The wife seems to think that all you have to do is go to the Ampher and
get the name changed in the Blue book, would this be Correct.

No, that would be incorrect, it has nothing to do with the ampher or blue book.

She needs to go to the local land office with the cousin with the land deeds, lets assume this is a straight forward sale.

copied from another thread,

OP here are the tax and fee rates payable upon transfer.

• Transfer Fee 2% of the appraised value of the property
• Business Tax 3.3% of the registered (sale) value or appraised value (whichever is higher) but not paid if owned over 5 years
• Stamp Duty 0.5% of the registered value if owned over 5 years.
• Withholding tax;
  
• if the seller is a company withholding tax is fixed at 1% over the registered sale value or appraised value (whichever is higher)
• if
  the seller is a private person withholding tax is calculated at a
  progressive rate based on the appraised value of the property

OP
you as buyer should only pay the Transfer fee at most and seller should
be responsible for the other three on the above list. All terms and
sale price should be in a contract you sign with seller. Also there is
no need to hand over any part of purchase price or transfer fees until
you get to the land office and paperwork is ready for signatures.

other thread is here,

http://www.thaivisa.com/forum/topic/610610-land-price-agreed-what-do-i-need-to-do-now/#entry6003158

As for money owed, what is on the back of the chanote at the land office?

Of course that doesnt mean the seller doesnt have outstanding debts. not registered.

I am always wary about Thai women buying land from family members, but that just me, you will know your wife and her family.

[jbrain]

The blue book is only an address registration and registers who stays at that address.

There is no owner name in the blue book.

[jbrain]

and how can you check to see if any money is owed on the land.

If they have borrowed money against the land they will not in the possession of the original chanote as it will stay with the person who lend the money. If the loan was registered it will also be written on the back of the chanote, but you will not be able to read it unless you can read Thai.

So ask to see the chanote and if they show up with a copy, there are no doubts that the it smells.

[PattayaPhom]

Loan would be registered on reverse of Chanote, owner still has original. Whats the land for? Thais try and offload crap land to a relstive with a foreign partner at a price way above value. Is it filled, water, electric,

access. Check all these. Transfer is at land office.

Edited March 12, 2013 by PattayaPhom

[LennyW]

I suspect if the OP's wife is talking about transferring at the local amphur, then we are talking about a title far less than a chanote, as the lesser titles do not need to be dealt with at the land office. See here for titles and what they involve. http://www.samuiforsale.com/knowledge/thailand-land-title-deeds.html

[falang07]

One of the biggest Thai scams, buying the land without Chanote offered from a relative of the Thai wife.

[jbrain]

Loan would be registered on reverse of Chanote, owner still has original.

Rules must have changed recently then.

Every mortgage Ihave known about the chanote is kept at the bank.

[Mario2008]

Loans etc against the land are mentioned on the chanote. Not sure if the bank will also have hold to the chanote, but registration of the loan is required if you want to be able to make sure that the owner cannot sell the land without your knowledge and approval.

As has been pointed out, the question here is if it is land with a chanote or land with a lesser title.

[transam]

I thought that one only held the Chanot if it was owned out right. If a loan was taken out on property the lender held the Chanot.

Wee story, a lady married to a farang was spreading gossip that I/we owned nothing, owe lots of money . The word spread, one day when a gossip-er came to our house my mrs took great pleasure in pulling out an envelope with two Chanots (two houses), two blue books and my truck blue book in my name. ............Nooooooo more gossip.

[54321]

One of the biggest Thai scams, buying the land without Chanote offered from a relative of the Thai wife.

not quite. I know Thais who have sold land without a Chanote and they and the Thai buyers are very happy, the chanote I believe is a formality. I am not saying is the best way to go but.....

[rgs2001uk]

One of the biggest Thai scams, buying the land without Chanote offered from a relative of the Thai wife.

not quite. I know Thais who have sold land without a Chanote and they and the Thai buyers are very happy, the chanote I believe is a formality. I am not saying is the best way to go but.....

He isnt talking about Thai buyers/sellers, he is talking about the, the white buffalo, being suckered into buying land the family already own.

Yes its one of the biggest scams going.

FYI, I was being sweet talked into buying some land from Khun Por, a Thai put me right, told me wait no need to buy it, when the father dies she will get the land for free, end of relationship, havent been back to LA since.

[TommoPhysicist]

Bank doesn't hold Chanote, bank loan amount is written on the back, owner keeps it.

Loan shark does hold Chanote, loan is not recorded on the back of Chanote.

Lower levels of land ownership, bank won't give a loan. Loan shark will and keeps all documents.

Edited March 12, 2013 by TommoPhysicist

[jbrain]

Bank doesn't hold Chanote, bank loan amount is written on the back, owner keeps it.

Loan shark does hold Chanote, loan is not recorded on the back of Chanote.

Lower levels of land ownership, bank won't give a loan. Loan shark will and keeps all documents.

When I bought the land where I live on now, there was a small amount borrowed against the plot. To see the Chanote I had to go to the bank.

When the deal was done at the land office a representative of the bank was present with the Chanote.

[doontp]

The blue book is only an address registration and registers who stays at that address.

There is no owner name in the blue book.

This is not correct. I own a home and have a blue book. The word "owner" is in the blue book. It is below my name and next to my ID Card number. The word "owner" is printed in Thai. "Jao kong" is the Thai word for owner.

[jbrain]

The blue book is only an address registration and registers who stays at that address.

There is no owner name in the blue book.

This is not correct. I own a home and have a blue book. The word "owner" is in the blue book. It is below my name and next to my ID Card number. The word "owner" is printed in Thai. "Jao kong" is the Thai word for owner.

How about this. I have a blue book for the house I own, and is build to a building license in my name, and there is not a single name neither Thai or Foreign in the book.

When I went to the Amphur for my yellow book, I was told that it was required to have a Thai name in the blue book before they could issue a yellow book for the same address.

Anyway, some talking and the yellow book was issued without a name in the blue book, but it was clearly explained to me that it could be ANYONE as it had nothing to do with ownership but some Thai national had to be " in charge " of the house.

By the way, do you have Thai nationality, since you mention an ID card number and for a fact a foreigner can not be on the blue books first page.

Edited March 14, 2013 by jbrain

[doontp]

The blue book is only an address registration and registers who stays at that address.

There is no owner name in the blue book.

This is not correct. I own a home and have a blue book. The word "owner" is in the blue book. It is below my name and next to my ID Card number. The word "owner" is printed in Thai. "Jao kong" is the Thai word for owner.

How about this. I have a blue book for the house I own, and is build to a building license in my name, and there is not a single name neither Thai or Foreign in the book.

When I went to the Amphur for my yellow book, I was told that it was required to have a Thai name in the blue book before they could issue a yellow book for the same address.

Anyway, some talking and the yellow book was issued without a name in the blue book, but it was clearly explained to me that it could be ANYONE as it had nothing to do with ownership but some Thai national had to be " in charge " of the house.

By the way, do you have Thai nationality, since you mention an ID card number and for a fact a foreigner can not be on the blue books first page.

A lot of government officials are not educated about the laws regarding their specific job, especially when dealing with a foreigner. They expect the foreigner is listen and believe anything they say without question.

Yes, I have Thai nationality. Mom's Thai, dad's American.

[doontp]

The blue book is only an address registration and registers who stays at that address.

There is no owner name in the blue book.

This is not correct. I own a home and have a blue book. The word "owner" is in the blue book. It is below my name and next to my ID Card number. The word "owner" is printed in Thai. "Jao kong" is the Thai word for owner.

How about this. I have a blue book for the house I own, and is build to a building license in my name, and there is not a single name neither Thai or Foreign in the book.

When I went to the Amphur for my yellow book, I was told that it was required to have a Thai name in the blue book before they could issue a yellow book for the same address.

Anyway, some talking and the yellow book was issued without a name in the blue book, but it was clearly explained to me that it could be ANYONE as it had nothing to do with ownership but some Thai national had to be " in charge " of the house.

By the way, do you have Thai nationality, since you mention an ID card number and for a fact a foreigner can not be on the blue books first page.

A lot of government officials are not educated about the laws regarding their specific job, especially when dealing with a foreigner. They expect the foreigner is listen and believe anything they say without question.

Yes, I have Thai nationality. Mom's Thai, dad's American.

I don't understand how a blue book can not have a name in it. These people are making procedures up as they go along !?

[jbrain]

The blue book is only an address registration and registers who stays at that address.

There is no owner name in the blue book.

This is not correct. I own a home and have a blue book. The word "owner" is in the blue book. It is below my name and next to my ID Card number. The word "owner" is printed in Thai. "Jao kong" is the Thai word for owner.

How about this. I have a blue book for the house I own, and is build to a building license in my name, and there is not a single name neither Thai or Foreign in the book.

When I went to the Amphur for my yellow book, I was told that it was required to have a Thai name in the blue book before they could issue a yellow book for the same address.

Anyway, some talking and the yellow book was issued without a name in the blue book, but it was clearly explained to me that it could be ANYONE as it had nothing to do with ownership but some Thai national had to be " in charge " of the house.

By the way, do you have Thai nationality, since you mention an ID card number and for a fact a foreigner can not be on the blue books first page.

A lot of government officials are not educated about the laws regarding their specific job, especially when dealing with a foreigner. They expect the foreigner is listen and believe anything they say without question.

Yes, I have Thai nationality. Mom's Thai, dad's American.

Well in this case it was just the other way around, as they believed me that I didn't need a Thai name in the blue book to get the yellow one issued

They even believed me that I didn't need to bring any witnesses or have my passport translation certified by the ministry of internal affairs or even needed a certificate of residence issued by my Embassy

Anyway I have inquired about this issue later at other Amphurs and they all said that the name onn the first page of the blue book is not the owner but only the " Boss " of the house.

He who is responsible for those who are inserted on the next pages.

[jbrain]

I don't understand how a blue book can not have a name in it. These people are making procedures up as they go along !?

Well they issued the blue book without a name in it, something which wasn't arranged by me but by the local Orbotor, and when I went for the yellow book they first required any name in the book but later settled so the blue book has still no name in it.

[simon43]

I don't understand how a blue book can not have a name in it. These people are making procedures up as they go along !

I have blue books without names in them. When I leased land for 30 years and built a hotel on them, the Amphur then issued a blank blue book for that new property with the allocated postal address. But there is no name in the books, not mine nor my Thai wife's name.

Simon

[Thongkorn]

Thanks for the valued Information, It has given me some valuable advise.

I must stress that its not me, or my money that's buying the land, My wife has worked hard in the UK, and saved her money. I would not want her to be ripped off. I know its her family (Cousin), The land is for her Mother who retires in a couple of years. I will not be involved in any shape or form, with anything. so scamming the falang does not come into it. I just want it done legally and correct. I know Thais will cheat on other Thais, including family that's why i asked the questions, thanks.

The property has a House on it, and it has electric and water. the payment will be a one off, no mortgage.

Edited March 14, 2013 by Thongkorn

[rgs2001uk]

Good gawd man, this is like drawing teeth, spit it out can you.

You wifes cousin wants to sell your MIL land, is this correct?

its not myself who is buying the land, its the Thai wife, she has been offered some land buy her Cousin who wants to sell it.

Please spit it out in plain English so we can help you can you?

Who is buying the land and who is it for?

[jbrain]

Good gawd man, this is like drawing teeth, spit it out can you.

You wifes cousin wants to sell your MIL land, is this correct?

its not myself who is buying the land, its the Thai wife, she has been offered some land buy her Cousin who wants to sell it.

Please spit it out in plain English so we can help you can you?

Who is buying the land and who is it for?

Ahem, from the OP

For a start its not myself who is buying the land, its the Thai wife, she has been offered some land buy her Cousin who wants to sell it.

[rgs2001uk]

Good gawd man, this is like drawing teeth, spit it out can you.

You wifes cousin wants to sell your MIL land, is this correct?

its not myself who is buying the land, its the Thai wife, she has been offered some land buy her Cousin who wants to sell it.

Please spit it out in plain English so we can help you can you?

Who is buying the land and who is it for?

Ahem, from the OP

For a start its not myself who is buying the land, its the Thai wife, she has been offered some land buy her Cousin who wants to sell it.

The land is for her Mother who retires in a couple of years.

Ok sorry for being thick, the OPs wife will buy land from her cousin for her mother.

Why would the OPs wife buy land from the cousin, why doesnt the OPs wife buy her own land to give her mother?

Something doesnt add up here.

[jbrain]

Good gawd man, this is like drawing teeth, spit it out can you.

You wifes cousin wants to sell your MIL land, is this correct?

its not myself who is buying the land, its the Thai wife, she has been offered some land buy her Cousin who wants to sell it.

Please spit it out in plain English so we can help you can you?

Who is buying the land and who is it for?

Ahem, from the OP

For a start its not myself who is buying the land, its the Thai wife, she has been offered some land buy her Cousin who wants to sell it.

The land is for her Mother who retires in a couple of years.

Ok sorry for being thick, the OPs wife will buy land from her cousin for her mother.

Why would the OPs wife buy land from the cousin, why doesnt the OPs wife buy her own land to give her mother?

Something doesnt add up here.

Well she has to buy from someone, and I think their is a big chance that the cousins land is in the area right where the mil lives now.

But as said, in Thailand you always have to be cautious, since these people don't give a blink to scam their own family.

[doontp]

The blue book is only an address registration and registers who stays at that address.

There is no owner name in the blue book.

This is not correct. I own a home and have a blue book. The word "owner" is in the blue book. It is below my name and next to my ID Card number. The word "owner" is printed in Thai. "Jao kong" is the Thai word for owner.

Correction...clarification.

The words "own house" are in my blue book. The words "own house" are printed in Thai script. "Jao baan" are the Thai words for "own house."

[Thongkorn]

My wife is buying land.........................off her Cousin...............for her mother, Khow-chai.mai.