So Pa Kor Land

[daboyz1]

I'm up here in Si Saket trying to figure out this land thing. My wife's mother in law is going to give her 4 rai in the village. My wife is saying that she can build a house on the land, but for some reason she can't sell it. She has the Chanote, but keeps yakking about something called so pa kor or SPA. Anyone have an idea what this means?

[daboyz1]

Getting some more info from the wife, apparently there is no chanote for the land right now. In 2-3 years the govt. will issue a chanote. This is very confusing.

[daboyz1]

I found my answer here:

http://www.thaivisa.com/forum/topic/495031-whether-to-risk-buying-10-rai-of-land-with-sor-por-gor/

[Gonsalviz]

According to the way they do it, you cannot sell the land but you can transfer it as someone is paying for the improvements that you have done to the land. It has become a normal way of life. My house is built on this type of land but that land has been in the family for years.

My wife claims that soon it will be transferred to chanote but I assume I will be dead by then as slow as everything is done by the government.

We also bought another 18 rai that we planted rubber trees on, same title. Just added another 5 rai adjacent to this as the people borrowed some money and couldn't pay it back. The village head is the MIL's neighbor so apparently these things are good.

[stickylies]

http://www.thailegal.co.th/articles.php?no=00015

Sor Por Kor (S. P. K.)

The S. P. K. document is a true land title deed but with legal restrictions. It refers to land allotted by the governmental Land Reform Committee with the strict provision of agricultural or forestry usage for a certain person. The land is exactly surveyed and marked with border poles. However, it is not allowed for anyone to buy, lease or build on such land, it may only be transferred to the direct heirs of the owner, and it can be mortgaged. It seems to be a contradiction that S. P. K. land cannot virtually be transferred but mortgaged; hence it is worthless as collateral. If the owner is unable to pay back the mortgage, the mortgagee (usually a bank) cannot get the title transferred. Perhaps a bank will grant a loan of low amount only, and considers the agricultural yield of the land as enough security. Notwithstanding the legal restrictions, S. P. K. titled land has often passed from one person to another, the land document being handed over to the 'buyer' upon payment. Further, it seems to be custom that the owner builds up a small house in combination with agricultural buildings without permission. However, a foreigner should be advised not to invest in S. P. K. titled land as there is no title legally obtainable and no security.