Procedure for a Thai purchasing property in Thailand

[Kenny202]

Looking at perhaps purchasing a property in the girlfriends name. Aware of all the pitfalls etc so no scaremongers or advice on the ills of doing this please. Would like advice from people who have first hand knowledge / experience preferably too thanks.

For example, in Australia you go and look at a house or an apartment and if you like it you pay a deposit and sign a contract in principle to agree to buy

You then have a cooling off period of 7 days, maybe 14 days to complete building and pest inspections and overall if all is well 30 or 60 days to finalise

payment / settlement depending on your individual agreement with the seller and circumstances. This varies state by state incidentally.

How does all this go down in Thailand or does it vary by province? Bare in mind I am in a non farang rural area (Chaiyaphum) so not a straightforward condo purchase etc.

Any advice appreciated

[Mudcrab]

Ask your girlfriend.

The most important thing in my experience is that the girl (my missus in my case) wants to see the "paper" i.e. the legal paper showing ownership of the property and that it is the right "paper" i.e. chanote and not some other form of registration that can be dodgy for outright ownership.

It can be very possible that the owner of the property, or someone else, has taken a loan against the property unknown to the purchaser and someone else is holding the paper as collateral.

No idea about contractual procedures, but I imagine they would be fairly relaxed out bush.

After that it is a fairly simple process to buy. Pest inspections etc will be by negotiation with the seller.

[kkup]

Just remember to get an extra bedroom or 2. After 6 months there should be atleast 10-15 extras sleeping there aswell.

[MaeJoMTB]

It's a cash payment at the land office. All people involved meet at the office.

(Owner plus their bank, buyer plus their bank)

No deposit required, cash and carry, no contract, no lawyers, no cooling down, no inspections.

Bribe required for same day issue of new chanote.

Normal price for issue tomorrow.

Lots of fun watching the other sellers & buyers counting millions of Baht in cash on the tables.

Edited July 2, 2015 by MaeJoMTB

[cadle1]

Buying land or property in Thailand is complicated a lot of land is owned by family and cannot be sold, would you buy a property say in the UK without a lawyer? "The answer is no" so legal advice is very important...

[prakhonchai nick]

Buying land or property in Thailand is complicated a lot of land is owned by family and cannot be sold, would you buy a property say in the UK without a lawyer? "The answer is no" so legal advice is very important...

More to the point, you cant buy a p[roperty in the Uk without using a lawyer. Costs stupid money, and is generally dealt with by the office girl!

Just take a Thai with you to the land office that "knows the ropes". Make sure the "chanote" - (land title deed) is the original, and is in the name of the person selling the property.

[Kenny202]

Ask your girlfriend.

The most important thing in my experience is that the girl (my missus in my case) wants to see the "paper" i.e. the legal paper showing ownership of the property and that it is the right "paper" i.e. chanote and not some other form of registration that can be dodgy for outright ownership.

It can be very possible that the owner of the property, or someone else, has taken a loan against the property unknown to the purchaser and someone else is holding the paper as collateral.

No idea about contractual procedures, but I imagine they would be fairly relaxed out bush.

After that it is a fairly simple process to buy. Pest inspections etc will be by negotiation with the seller.

Not out bush mate. Well sort of. We live out bush but want to buy in the CBD of our city. Out in the village were we live they don't have a chanote, only a receipt from the previous owner. I wudnt buy property like that in my wildest dream. Of course I will want to see a Chanote. If there are (valid) loans etc against the land it will be noted on the Deed. I don't know who is liable if they borrow money against the land by some promissory note etc to the local loan sharks? Edited July 2, 2015 by Kenny202

[Kenny202]

Buying land or property in Thailand is complicated a lot of land is owned by family and cannot be sold, would you buy a property say in the UK without a lawyer? "The answer is no" so legal advice is very important...

I have a lawyer who will be handling it and will not be buying family land, national park or ungazetted land. To the other comedian suggesting the extra rooms my girl doesn't have any immediate family. Maybe Ur getting Ur circumstances mixed up with mine

Edited July 2, 2015 by Kenny202

[MaeJoMTB]

Buying land or property in Thailand is complicated a lot of land is owned by family and cannot be sold, would you buy a property say in the UK without a lawyer? "The answer is no" so legal advice is very important...

I have a lawyer who will be handling it and will not be buying family land, national park or ungazetted land. To the other comedian suggesting the extra rooms my girl doesn't have any immediate family. Maybe Ur getting Ur circumstances mixed up with mine

It's not normal to use a lawyer for property purchase in Thailand.

The land office don't allow the sale if there is anything dodgy about any paperwork.

Just one more person to stand around at the land office.

Not forgetting the scams where the lawyer accidentally registers the land in his name .............

The less people involved the better, as far as I can see.

[Kenny202]

I will be having some terms added to the Chanote (usufruct). This all happens at the time of the sale and receipt of the chanote. In my case a lawyers presence is necesary

[khunPer]

»How does all this go down in Thailand or does it vary by province? Bare in mind I am in a non farang rural area (Chaiyaphum) so not a straightforward condo purchase etc.

Any advice appreciated«

This is my experience in land deals, both rural areas and developed tourist areas.

Normally Thais will make a contract – often at Head-of-Village, who signs as witness, and is paid a (small) fee for the paperwork – and pay a deposit, which is negotiable, but anything from 10 percent and up, sometimes 25 percent.

If it’s a Land Office registered plot of land, with a Nor Sor 3 or Chanute title deed, a date is agreed where seller and buyer will meet at Land Office and make the transfer. That can take a full day; at some Land Offices, but not all, you can “buy” a VIP-service for a little extra fee in an envelope, and have the transfer done within some hours. The seller will have to pay a tax, based on the sales price – or at some places the price registered at Land Office – and the buyer will pay the transfer fee and some small fees for stamps etc. Both tax and transfer each use to around 1 percent of the price, but it often change; you can check in advance. It’s advisable to perform a due diligence when trading Land Office registered land, especially Nor Sor 3 title deeds can be challenged. The balance or the agreed sales price will be paid in cash to the seller upon transfer, and more often real cash than a banker’s draft – if that is used, you may need to follow seller to a bank and have the draft converted to money.

The contract between buyer and seller, which normally is a standard form in Thai language only from a bookstore, will stipulate that the buyers deposit is lost, if he don’t buy, and the seller shall pay a penalty similar to the agreed price, if seller change mind and don’t want to sell. Buyer – and seller – has no free “cooling period” or the like.

Any remaining building is considered part of the land, as only the land is registered. In old time the wooden houses could, or would be dismantled and moved; so it’s “same, same, but different” from whatever you may be used to from Australia.

If it’s a village plot, not registered by the Land Office, the agreement is made by Head-of-Village. A deposit can be paid, but often the full amount is settled in cash on the spot. There will be no other paperwork than the contract, and the village land deed will not change name. Be aware, that village land legally may only be transferred – not sold – between family and relatives; however village land is traded for quite some money and transferred by use of the sales contract only.

Buyer needs to be a Thai national or a Thai company (limited or partnership).

And your request for “advice”: If you invest in village land, don’t spend more money for property – and any house you build – than you can afford to loose.

Wish you good luck with your plans.

[Stevemercer]

I've brought a few 5 Rai blocks of land out Mahasarakham way (in my wife's name), but her big sister, who is well experienced in buying and selling land, arranged all the details (for a 'commission' of course). In our case, we paid a 10% deposit and the balance 12 months later at which time we took full legal ownership. We needed the extra time to scrape together the purchase price, but wanted to get on with a few improvements.

It may be wise to get the Land Office to officially survey/confirm the boundaries if it is over 1 Rai. They will do this in your presence (but you will have to shout them lunch). They will stick in new concrete boundary markers. As advised in other posts, make sure the title is in the name of the person you are buying from. If you have a lawyer, they will make these checks.

Edited July 2, 2015 by Stevemercer

[Kenny202]

If it’s a village plot, not registered by the Land Office, the agreement is made by Head-of-Village. A deposit can be paid, but often the full amount is settled in cash on the spot. There will be no other paperwork than the contract, and the village land deed will not change name. Be aware, that village land legally may only be transferred – not sold – between family and relatives; however village land is traded for quite some money and transferred by use of the sales contract only.

Thanks mate. No won't be buying ungazetted village land, particularly after a recent debacle I know first hand. This idea that ungazetted village land can only be sold to family is wrong. I see people saying this (and many other fairy tales) on TV all the time. We had this legally tested 3 months ago. All it means is the government hasn't got around to documenting the boundaries of the land. The owner holds a bill of sale / receipt to say the property is theirs but there is no Chanote. Would i buy land like this and open up a whole lot of hurt on myself? Wud i reccomend someone else do it? No....but you can. Why I know is the missus sold some of her land next door 5 years ago. Was meant to be to her sister but somehow her lesbian girlfriend got her name on the contract as the buyer. She shows up 5 years later (with the local police, bought and paid for) demanding her money back from 5 years ago as someone had told her this land cud only be sold to family and she in turn wudnt be able to sell it. The police were actually threatening to put my missus in prison for fraud if she didn't give the woman back her money in 2 days! It was quite scary actually and the BIB weren't intimidated by farang presence. They were obviously pressuring my missus for a promised collection commission from the other woman. It was a civil matter for a start.

Anyway I wasn't having a bar of it so we lawyered up, got our ducks in a row and went back to bat. Our lawyer advised us my missus had done nothing wrong and it was even noted on her sale receipt there would be no Chanote. Her whole argument was based on she wasn't advised of this even though her own receipt (signed by her) noted it. She didn't have a leg to stand on. BIB ran a mile. She cud legally sell, it was just that she was from Bkk, didn't know anyone here and wud be near impossible. Everything is sold here word of mouth which is why this land normally changes hands between families. What it actually boiled down to was she saw on (bloody) facebook my girl had a farang man and an easy opportunity. Actually had a good outcome as she accepted our offer to purchase the land back from her at 50% the purchase price 5 years ago. And don't feel sorry for her. My missus sister originally paid cash for the land. The girlfriend tricked her into her putting her name on the title.

Edited July 2, 2015 by Kenny202

[MaeJoMTB]

^^^

You're wrong on several points.

Village land is for the use of locals only. It can be traded among locals but cannot be purchased by people born in another area.

The girl from Bangkok couldn't buy it. The village headman records the 'owner' in his ledger.

I was very careful where my son was born, so he would be able to buy local village land, should the need ever arise.

[Kenny202]

Well my friend she did sell land to the girl in Bkk. Village headman stamped it and said he would stamp it for someone else also should she wish to sell to someone else on the proviso my missus Co sign it as the original seller. Our Lawyer also confirmed it was ok for her to sell to a non village person and would be happy to contest it in court. He said it was a common misconception. There is nothing about the land here says family only. The only problem with the land here and much of other rural Thailand is that the govt haven't subdivided it and therefore cannot provide Chanote. Like I said...would I open myself up to this sort of potential drama? No but this was my first hand experience and the advice from a very respected city lawyer. My girls sister also got the same advice from her Bkk lawyer. God knows things are open to interpretation here depending on locale and u will only get so far with a poh jai ban or local official who is fully aware of the law but that's what I know for fact. I mean legally (in court) how would u define local? Living 5km, 20km away or is it family only as previously stated. That may be the opinion of Ur head man and his word may be final in Ur area but doesn't mean it is law

Edited July 2, 2015 by Kenny202

[MaeJoMTB]

Well my friend she did sell land to the girl in Bkk. Village headman stamped it and said he would stamp it for someone else also should she wish to sell to someone else on the proviso my missus Co sign it as the original seller. Our Lawyer also confirmed it was ok for her to sell to a non village person and would be happy to contest it in court. He said it was a common misconception. There is nothing about the land here says family only. The only problem with the land here and much of other rural Thailand is that the govt haven't subdivided it and therefore cannot provide Chanote. Like I said...would I open myself up to this sort of potential drama? No but this was my first hand experience and the advice from a very respected city lawyer. My girls sister also got the same advice from her Bkk lawyer. God knows things are open to interpretation here depending on locale and u will only get so far with a poh jai ban or local official who is fully aware of the law but that's what I know for fact. I mean legally (in court) how would u define local? Living 5km, 20km away or is it family only as previously stated. That may be the opinion of Ur head man and his word may be final in Ur area but doesn't mean it is law

Headman has the right to assign the land usage in the area under his control.

Outsiders cannot use.

Unchanoted land is actually owned by the Thai government, they can turf off anyone they don't like, whenever they like.

Last year they started doing that to outsiders who purchased in the Chang Rai area.

So in your example, 20Km would probably be too far, would depend on village boundaries.

One of the problems in Thailand, you only get told what they want you to hear, generally the lawyers have no idea, or don't really care.

No come back on them and you're just another foreigner to be parted from your money.

Essentially everyone, including your gf and her family will be looking to take money off you.

Nobody cares about you or your money.

Believe what you want, you'll find out the hard way.

[Kenny202]

Find out what the hard way? I'm not buying village land. What an ignorant and bitter reply and this is the second time today you have had a swipe at my missus. You were inferring she was a hooker in a previous post simply because I mentioned I was supporting her and now her and her family are setting me up for a financial rip off? You make these comments for what reason? Apart from your rude comments and off hand remarks essentially I agree with most of what you say....

Its a shame you belittle yourself the way you do.

For starters as I said I don't intend to buy "village" land or property without a Chanote. Ok? The situation in our area is that the three original settlers here from 50+ years ago as far as the lands department are concerned own all the land and hold the original Chanotes. They have since subdivided this land and sold different pieces to people here by way of a bill of sale.....they can't provide a Chanote as the lands department haven't officially recorded and subdivided the land. This is recognised legally and is a legal sale. So in this case and I'm sure as in many areas un Chanoted land is NOT only government owned land. If you know Thailand and have lived in different areas you would realise that for eg: requirements and interpretation of whats required for say a drivers license in Pattaya can vary wildly to what would be required in Khonkaen or Chang Rai. Same as interpretations of visa and reporting requirements etc etc etc. Thats why there are so many arguments on here.

[khunPer]

If it’s a village plot, not registered by the Land Office, the agreement is made by Head-of-Village. A deposit can be paid, but often the full amount is settled in cash on the spot. There will be no other paperwork than the contract, and the village land deed will not change name. Be aware, that village land legally may only be transferred – not sold – between family and relatives; however village land is traded for quite some money and transferred by use of the sales contract only.

Thanks mate. No won't be buying ungazetted village land, particularly after a recent debacle I know first hand. This idea that ungazetted village land can only be sold to family is wrong. I see people saying this (and many other fairy tales) on TV all the time. We had this legally tested 3 months ago. All it means is the government hasn't got around to documenting the boundaries of the land. The owner holds a bill of sale / receipt to say the property is theirs but there is no Chanote. Would i buy land like this and open up a whole lot of hurt on myself? Wud i reccomend someone else do it? No....but you can. Why I know is the missus sold some of her land next door 5 years ago. Was meant to be to her sister but somehow her lesbian girlfriend got her name on the contract as the buyer. She shows up 5 years later (with the local police, bought and paid for) demanding her money back from 5 years ago as someone had told her this land cud only be sold to family and she in turn wudnt be able to sell it. The police were actually threatening to put my missus in prison for fraud if she didn't give the woman back her money in 2 days! It was quite scary actually and the BIB weren't intimidated by farang presence. They were obviously pressuring my missus for a promised collection commission from the other woman. It was a civil matter for a start.

Anyway I wasn't having a bar of it so we lawyered up, got our ducks in a row and went back to bat. Our lawyer advised us my missus had done nothing wrong and it was even noted on her sale receipt there would be no Chanote. Her whole argument was based on she wasn't advised of this even though her own receipt (signed by her) noted it. She didn't have a leg to stand on. BIB ran a mile. She cud legally sell, it was just that she was from Bkk, didn't know anyone here and wud be near impossible. Everything is sold here word of mouth which is why this land normally changes hands between families. What it actually boiled down to was she saw on (bloody) facebook my girl had a farang man and an easy opportunity. Actually had a good outcome as she accepted our offer to purchase the land back from her at 50% the purchase price 5 years ago. And don't feel sorry for her. My missus sister originally paid cash for the land. The girlfriend tricked her into her putting her name on the title.

On the village deeds we (my girlfriend and my daughter) have, it's printed on the front page in red, that the land cannot be sold and can only be transferred to the direct heir of the person who holds it. Lower titles may not even have a deed, but only tax reciepts, and is allowed to be used for farming, but cannot be owned.

But since you already know so much about buying land in Thailand, I don't understand why you open this thread with a question and asking for advice...?

(»How does all this go down in Thailand or does it vary by province? Bare in mind I am in a non farang rural area (Chaiyaphum) so not a straightforward condo purchase etc.

Any advice appreciated«)

Edited July 2, 2015 by khunPer

[MaeJoMTB]

whats required for say a drivers license in Pattaya can vary wildly to what would be required in Khonkaen or Chang Rai. Same as interpretations of visa and reporting requirements etc etc etc. Thats why there are so many arguments on here.

Nope, the Thai government sets the rules for getting driving licences across the whole of the country.

Same rules everywhere.

[Kenny202]

Same rules officially. Different interpretations different offices. Anyway, whatever

[Kenny202]

If it’s a village plot, not registered by the Land Office, the agreement is made by Head-of-Village. A deposit can be paid, but often the full amount is settled in cash on the spot. There will be no other paperwork than the contract, and the village land deed will not change name. Be aware, that village land legally may only be transferred – not sold – between family and relatives; however village land is traded for quite some money and transferred by use of the sales contract only.

Thanks mate. No won't be buying ungazetted village land, particularly after a recent debacle I know first hand. This idea that ungazetted village land can only be sold to family is wrong. I see people saying this (and many other fairy tales) on TV all the time. We had this legally tested 3 months ago. All it means is the government hasn't got around to documenting the boundaries of the land. The owner holds a bill of sale / receipt to say the property is theirs but there is no Chanote. Would i buy land like this and open up a whole lot of hurt on myself? Wud i reccomend someone else do it? No....but you can. Why I know is the missus sold some of her land next door 5 years ago. Was meant to be to her sister but somehow her lesbian girlfriend got her name on the contract as the buyer. She shows up 5 years later (with the local police, bought and paid for) demanding her money back from 5 years ago as someone had told her this land cud only be sold to family and she in turn wudnt be able to sell it. The police were actually threatening to put my missus in prison for fraud if she didn't give the woman back her money in 2 days! It was quite scary actually and the BIB weren't intimidated by farang presence. They were obviously pressuring my missus for a promised collection commission from the other woman. It was a civil matter for a start.

Anyway I wasn't having a bar of it so we lawyered up, got our ducks in a row and went back to bat. Our lawyer advised us my missus had done nothing wrong and it was even noted on her sale receipt there would be no Chanote. Her whole argument was based on she wasn't advised of this even though her own receipt (signed by her) noted it. She didn't have a leg to stand on. BIB ran a mile. She cud legally sell, it was just that she was from Bkk, didn't know anyone here and wud be near impossible. Everything is sold here word of mouth which is why this land normally changes hands between families. What it actually boiled down to was she saw on (bloody) facebook my girl had a farang man and an easy opportunity. Actually had a good outcome as she accepted our offer to purchase the land back from her at 50% the purchase price 5 years ago. And don't feel sorry for her. My missus sister originally paid cash for the land. The girlfriend tricked her into her putting her name on the title.

On the village deeds we (my girlfriend and my daughter) have, it's printed on the front page in red, that the land cannot be sold and can only be transferred to the direct heir of the person who holds it. Lower titles may not even have a deed, but only tax reciepts, and is allowed to be used for farming, but cannot be owned.

But since you already know so much about buying land in Thailand, I don't understand why you open this thread with a question and asking for advice...?

Don't know the process at all. Why I asked the question. I do have first hand experience of what happened with my girlfriend though as far as non chanoted land is concerned and what happened to her. It's off topic to what I originally asked (as usual) because an assumption was made I intended to buy Un chanoted village land. There was nothing like that on my girls sale receipt at all. Obviously were talking about 2 separate circumstances Edited July 2, 2015 by Kenny202

[MaeJoMTB]

Find out what the hard way? I'm not buying village land. What an ignorant and bitter reply and this is the second time today you have had a swipe at my missus. You were inferring she was a hooker in a previous post simply because I mentioned I was supporting her and now her and her family are setting me up for a financial rip off?

I just wondered why she didn't have a job and couldn't get credit.

You were the one that got all sensitive ..............

There are actually single women in this country that already have jobs, money, houses, cars and can get their own bank loans.

Seems to me, easier to try and land one of them, than one that will have her hand out for the rest of their life with you.

Maybe I'm odd?

[Kenny202]

Find out what the hard way? I'm not buying village land. What an ignorant and bitter reply and this is the second time today you have had a swipe at my missus. You were inferring she was a hooker in a previous post simply because I mentioned I was supporting her and now her and her family are setting me up for a financial rip off?

I just wondered why she didn't have a job and couldn't get credit.

You were the one that got all sensitive ..............

There are actually single women in this country that already have jobs, money, houses, cars and can get their own bank loans.

Seems to me, easier to try and land one of them, than one that will have her hand out for the rest of their life with you.

Maybe I'm odd?

No maybe about being odd!

Haha :-) if I wanted advice on a prospective partner I would have posted that topic. I asked what the process of buying a house here was. You have no idea of her background or my circumstances. Actually...Ur probably right. I been with her over 3 years now and im actually living rent free in her house...but on second thoughts I'll go and tell her ive decided to flick her and start shopping around for someone more financially advantageous to me tomorrow morning. Wow! Thanks buddy.

Edited July 2, 2015 by Kenny202

[khunPer]

If it’s a village plot, not registered by the Land Office, the agreement is made by Head-of-Village. A deposit can be paid, but often the full amount is settled in cash on the spot. There will be no other paperwork than the contract, and the village land deed will not change name. Be aware, that village land legally may only be transferred – not sold – between family and relatives; however village land is traded for quite some money and transferred by use of the sales contract only.

Thanks mate. No won't be buying ungazetted village land, particularly after a recent debacle I know first hand. This idea that ungazetted village land can only be sold to family is wrong. I see people saying this (and many other fairy tales) on TV all the time. We had this legally tested 3 months ago. All it means is the government hasn't got around to documenting the boundaries of the land. The owner holds a bill of sale / receipt to say the property is theirs but there is no Chanote. Would i buy land like this and open up a whole lot of hurt on myself? Wud i reccomend someone else do it? No....but you can. Why I know is the missus sold some of her land next door 5 years ago. Was meant to be to her sister but somehow her lesbian girlfriend got her name on the contract as the buyer. She shows up 5 years later (with the local police, bought and paid for) demanding her money back from 5 years ago as someone had told her this land cud only be sold to family and she in turn wudnt be able to sell it. The police were actually threatening to put my missus in prison for fraud if she didn't give the woman back her money in 2 days! It was quite scary actually and the BIB weren't intimidated by farang presence. They were obviously pressuring my missus for a promised collection commission from the other woman. It was a civil matter for a start.

Anyway I wasn't having a bar of it so we lawyered up, got our ducks in a row and went back to bat. Our lawyer advised us my missus had done nothing wrong and it was even noted on her sale receipt there would be no Chanote. Her whole argument was based on she wasn't advised of this even though her own receipt (signed by her) noted it. She didn't have a leg to stand on. BIB ran a mile. She cud legally sell, it was just that she was from Bkk, didn't know anyone here and wud be near impossible. Everything is sold here word of mouth which is why this land normally changes hands between families. What it actually boiled down to was she saw on (bloody) facebook my girl had a farang man and an easy opportunity. Actually had a good outcome as she accepted our offer to purchase the land back from her at 50% the purchase price 5 years ago. And don't feel sorry for her. My missus sister originally paid cash for the land. The girlfriend tricked her into her putting her name on the title.

On the village deeds we (my girlfriend and my daughter) have, it's printed on the front page in red, that the land cannot be sold and can only be transferred to the direct heir of the person who holds it. Lower titles may not even have a deed, but only tax reciepts, and is allowed to be used for farming, but cannot be owned.

But since you already know so much about buying land in Thailand, I don't understand why you open this thread with a question and asking for advice...?

Don't know the process at all. Why I asked the question. I do have first hand experience of what happened with my girlfriend though as far as non chanoted land is concerned and what happened to her. It's off topic to what I originally asked (as usual) because an assumption was made I intended to buy Un chanoted village land. There was nothing like that on my girls sale receipt at all. Obviously were talking about 2 separate circumstances

I’m sorry, but OP you did ask for advice about buying land in a rural area, not mentioning anything about title deeds:

»How does all this go down in Thailand or does it vary by province? Bare in mind I am in a non farang rural area (Chaiyaphum) so not a straightforward condo purchase etc.«

Just tried to help you little with asked for advice, both about Land Office title deeds and village land – as nothing specific was mentioned – but I realize now, you actually know more than us posters trying to answer your questions; better rest my case...

[Kenny202]

If it’s a village plot, not registered by the Land Office, the agreement is made by Head-of-Village. A deposit can be paid, but often the full amount is settled in cash on the spot. There will be no other paperwork than the contract, and the village land deed will not change name. Be aware, that village land legally may only be transferred – not sold – between family and relatives; however village land is traded for quite some money and transferred by use of the sales contract only.

Thanks mate. No won't be buying ungazetted village land, particularly after a recent debacle I know first hand. This idea that ungazetted village land can only be sold to family is wrong. I see people saying this (and many other fairy tales) on TV all the time. We had this legally tested 3 months ago. All it means is the government hasn't got around to documenting the boundaries of the land. The owner holds a bill of sale / receipt to say the property is theirs but there is no Chanote. Would i buy land like this and open up a whole lot of hurt on myself? Wud i reccomend someone else do it? No....but you can. Why I know is the missus sold some of her land next door 5 years ago. Was meant to be to her sister but somehow her lesbian girlfriend got her name on the contract as the buyer. She shows up 5 years later (with the local police, bought and paid for) demanding her money back from 5 years ago as someone had told her this land cud only be sold to family and she in turn wudnt be able to sell it. The police were actually threatening to put my missus in prison for fraud if she didn't give the woman back her money in 2 days! It was quite scary actually and the BIB weren't intimidated by farang presence. They were obviously pressuring my missus for a promised collection commission from the other woman. It was a civil matter for a start.

Anyway I wasn't having a bar of it so we lawyered up, got our ducks in a row and went back to bat. Our lawyer advised us my missus had done nothing wrong and it was even noted on her sale receipt there would be no Chanote. Her whole argument was based on she wasn't advised of this even though her own receipt (signed by her) noted it. She didn't have a leg to stand on. BIB ran a mile. She cud legally sell, it was just that she was from Bkk, didn't know anyone here and wud be near impossible. Everything is sold here word of mouth which is why this land normally changes hands between families. What it actually boiled down to was she saw on (bloody) facebook my girl had a farang man and an easy opportunity. Actually had a good outcome as she accepted our offer to purchase the land back from her at 50% the purchase price 5 years ago. And don't feel sorry for her. My missus sister originally paid cash for the land. The girlfriend tricked her into her putting her name on the title.

On the village deeds we (my girlfriend and my daughter) have, it's printed on the front page in red, that the land cannot be sold and can only be transferred to the direct heir of the person who holds it. Lower titles may not even have a deed, but only tax reciepts, and is allowed to be used for farming, but cannot be owned.

But since you already know so much about buying land in Thailand, I don't understand why you open this thread with a question and asking for advice...?

Don't know the process at all. Why I asked the question. I do have first hand experience of what happened with my girlfriend though as far as non chanoted land is concerned and what happened to her. It's off topic to what I originally asked (as usual) because an assumption was made I intended to buy Un chanoted village land. There was nothing like that on my girls sale receipt at all. Obviously were talking about 2 separate circumstances

I’m sorry, but OP you did ask for advice about buying land in a rural area, not mentioning anything about title deeds:

»How does all this go down in Thailand or does it vary by province? Bare in mind I am in a non farang rural area (Chaiyaphum) so not a straightforward condo purchase etc.«

Just tried to help you little with asked for advice, both about Land Office title deeds and village land – as nothing specific was mentioned – but I realize now, you actually know more than us posters trying to answer your questions; better rest my case...

As usual a smarty pants competition. A rural area does not mean unchanoted land. Maybe i shud have been more specific. Even in the village here 50ks from the city there is plenty of land that carries title. Were 3 km out of the moo ban and they haven't caught up to us yet. Were looking at buying property in the CBD. Too many assumptions made here and a legit topic turns into someone posting suggestions on a more fitting partner haha. The other bloke is Batman, you werent trying to help you were coming to his aid. You must be his trusty side kick the boy wonder? Edited July 2, 2015 by Kenny202

[mrfaroukh]

You are already giving away couple of millions to your girl friend so why not spend few thousand baht extra and discuss it with a lawyer...

[Kenny202]

Am discussing it with a lawyer and where did I say I've given away millions of baht? I spent 200k on the home I'm living in and much of that is removeable

[Linzz]

"Looking at perhaps purchasing a property in the girlfriends name. Aware of all the pitfalls etc so no scaremongers or advice on the ills of doing this please. "

My sympathies Kenny 202 that the same posters pop up no matter what the thread airing the same bitter themes of advice and misery and in this case ignoring your request to not go off topic. It's apparent some residents here have had such bad experiences which has made them so cynical of Thailand they can't believe that someone else can have the exact opposite experiences to their own i.e. you're likely to be betrayed because perhaps they have been. Therefore they automatically know your gf better than you do because all Thai women in their view must be intrinsically corrupt

Edited July 7, 2015 by Linzz

[Kenny202]

I've noticed that haha. I've found most things in Thailand contradictory to the general remarks / advice on TV. Some good people here too. Then there's the other crew accusing Thai bashing. The "bought the bargirl and her family a home and got ripped off" and "I got drunk and woke up with a katoey" stories really do get a bit old. As soon as a post (inevitably) turns into a shirt fight now I simply unsubscribe :-)

Edited July 7, 2015 by Kenny202