Conveyancing

[DUNROAMIN]

Hi, can someone either give some advice or post  a thread on this forum that covers my topic. I would like to know if you want to purchase an existing Thai house how do you check if it is unencumbered from a bank, car company, or any company where the previous owner has used the house as collateral. I know the blue house book shows ownership, however, since I have been here I have seen this book used for purchasing large items. In my home country we used conveyancing  people to search all records of debt against the house and government future plans before purchase.

Cheers

[Delight]

As a foreigner you cannot purchase the land that house  sits on.

 

 In the regular simple way only Thai citizens can purchase land.

 

The local land office will have a record of the concerns that you list -should they apply.

 

 

 

 

 

 

Edited November 6, 2016 by Delight
add clarity

[blackcab]

First thing: a blue house book has nothing to do with house or land ownership. The blue book is part of the Thai civil registration system. It is quite possible to have an empty blue book with nobody registered to the address. Equally it is possible to have several people registered in a blue book, none of which own the property.

 

The owner of a property is listed on the rear of the title deed, as are any encumbrances. It's very obvious if you know what you are looking at, but equally all of the writing is in Thai.

 

If someone is interested in buying land then get them to ask for a copy of the chanote. Take it to the Land Office and ask the staff if everything is correct.

[DUNROAMIN]

10 hours ago, blackcab said:

First thing: a blue house book has nothing to do with house or land ownership. The blue book is part of the Thai civil registration system. It is quite possible to have an empty blue book with nobody registered to the address. Equally it is possible to have several people registered in a blue book, none of which own the property.

 

The owner of a property is listed on the rear of the title deed, as are any encumbrances. It's very obvious if you know what you are looking at, but equally all of the writing is in Thai.

 

If someone is interested in buying land then get them to ask for a copy of the chanote. Take it to the Land Office and ask the staff if everything is correct.

Hi blackcab, just so things are clear in my head, when you talk of a title deed and chanote are they one in the same, or are they two totally different documents. Does Thailand operate the same as western countries, where if a person borrows money against their house, the bank holds the title deed.

Cheers

[blackcab]

1 hour ago, DUNROAMIN said:

Hi blackcab, just so things are clear in my head, when you talk of a title deed and chanote are they one in the same, or are they two totally different documents. Does Thailand operate the same as western countries, where if a person borrows money against their house, the bank holds the title deed.

Cheers

 

Land titles in Thailand are a little complex. The best type of title is a chanote, which gives you freehold rights to the land or condominium and is fairly bulletproof. Most foreigners deal with chanotes because all condo titles are chanotes.

 

If land is purchased it might have a lesser title such as a Nor Sor Sam Gor or a Nor Sor Sam title. Less than this and you really need to fully understand what is being bought.

 

In general, yes, the bank keeps the title deed when a property is mortgaged. A seller can always get (or probably already has) a copy. There are exceptions to this rule, however. Clearly understand this:

 

Possession of a title document does not guarantee the property is unencumbered.

 

You must carry out due diligence and check with the Land Office yourself.

[DUNROAMIN]

9 hours ago, blackcab said:

 

Land titles in Thailand are a little complex. The best type of title is a chanote, which gives you freehold rights to the land or condominium and is fairly bulletproof. Most foreigners deal with chanotes because all condo titles are chanotes.

 

If land is purchased it might have a lesser title such as a Nor Sor Sam Gor or a Nor Sor Sam title. Less than this and you really need to fully understand what is being bought.

 

In general, yes, the bank keeps the title deed when a property is mortgaged. A seller can always get (or probably already has) a copy. There are exceptions to this rule, however. Clearly understand this:

 

Possession of a title document does not guarantee the property is unencumbered.

 

You must carry out due diligence and check with the Land Office yourself.

OK, thanks for the help, much appreciated.

[samtam]

On 07/11/2016 at 0:08 AM, blackcab said:

First thing: a blue house book has nothing to do with house or land ownership. The blue book is part of the Thai civil registration system. It is quite possible to have an empty blue book with nobody registered to the address. Equally it is possible to have several people registered in a blue book, none of which own the property.

 

The owner of a property is listed on the rear of the title deed, as are any encumbrances. It's very obvious if you know what you are looking at, but equally all of the writing is in Thai.

 

If someone is interested in buying land then get them to ask for a copy of the chanote. Take it to the Land Office and ask the staff if everything is correct.

Can you please explain to me what the purpose is of the blue book. I have a title deed with my name registered, but no blue book has ever been issued for the original owner, (developer), and the owner prior to me. So three "owners", all on the title deed, but no blue book. I have been elected on to the committee at the condo, and there is a suggestion that instead of the title deed, I need to produce the blue book. Will find out if the Land Department say so, but curious if anyone can enlighten me if that is likely, or indeed what other purpose there is for the book. Many thanks.