Can I get chanoot details at Land Office?

[cheeryble]

Hi

 

I would like to check our proposed building plot and make sure everything's tickety boo regarding access past the neighboring 3 lots nearer the public road.
They belong to relatives, recently passed on from grandma.....but who knows who the owner will be next year or decade?
I have already seen there is nothin on the back of OUR chanoot regarding easement for vehicular access....don't  know abt the other relatives deeds ....they also require access.

rather than hassle I'd like to go direct to the source, the LO.

are land details public?

can a farang ask?

[iang]

I would have thought any easement or public land access should be shown on your chanote title, as the access would be for your block of land.

 

Without any legal easement or public land access, you'd effectively be land-locked  & entirely in the hands of the neighbouring land owners that exist between you & the public road.

 

The chanote land owner should check this out with the land titles office, or you could employ a solicitor to act on your behalf.

 

Build anything of value on that land without having a legal easement or right of way & you're just asking for trouble from your neighbours! All may be OK for a while, but if their land changes hands, then that could change completely! Too dangerous to contemplate.....

[cheeryble]

I would have thought any easement or public land access should be shown on your chanote title, as the access would be for your block of land.
 
Without any legal easement or public land access, you'd effectively be land-locked  & entirely in the hands of the neighbouring land owners that exist between you & the public road.
 
The chanote land owner should check this out with the land titles office, or you could employ a solicitor to act on your behalf.
 
Build anything of value on that land without having a legal easement or right of way & you're just asking for trouble from your neighbours! All may be OK for a while, but if their land changes hands, then that could change completely! Too dangerous to contemplate.....

Agree completely Ian

Just like to check whether I can ask for help at the LO if I'm not on any title myself and not a Thai.
I think I'd rather talk to the organ grinder than listen to wife's opinions


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[prism]

10 minutes ago, cheeryble said:

Agree completely Ian

Just like to check whether I can ask for help at the LO if I'm not on any title myself and not a Thai.
I think I'd rather talk to the organ grinder than listen to wife's opinions


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I would be employing a competent solicitor that is familiar with your local land office.  The information is available but you want to know what your options are regarding the other land owners. 

[SOUTHERNSTAR]

Any public road will be shown on the map of the chanote. If there is no public road shown there isnt any. You can either ask the family to grant access and get the land office to note it on their chanotes or you can offer them money to sell an access road to you which you can keep or can register as a public road. 

[cheeryble]

I would be employing a competent solicitor that is familiar with your local land office.  The information is available but you want to know what your options are regarding the other land owners. 

 

Thanks for the reply

Hmmm I can read Thai ......kinda......and if I can get copies of the docs I know what an easement looks like and I can check the "Luk" in the ground against the "Luk" on the docs and see if an access is defined. Even with the one chanoot I have access to there is a Luk missing on the map, so I've found an indiscrepancy....but these things do happen and LO surveyors occasionally make mistakes I've seen it with a friend. My modest Thai has at least confirmed its a newly issued chanoot in mum's name since last year.

If I see a lawyer the first thing he,ll want to see is all the chanoots......I can get them myself (maybe.....that's what I'm asking here plus any tips) or I can pay him to get them.

 

 

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[Nokawou]

My wife's father passed away 10 years ago and I forced her to sort out the will last year, she went to the LO and got copies of all the chanotes in her farthers name, so it is possible to get copies, but for a farang to do that on his own is probably going to be problematic. Cheeryble is probably right in employing  a competent solicitor.

[cheeryble]

1 hour ago, SOUTHERNSTAR said:

Any public road will be shown on the map of the chanote. If there is no public road shown there isnt any. You can either ask the family to grant access and get the land office to note it on their chanotes or you can offer them money to sell an access road to you which you can keep or can register as a public road. 

 

Hi SS

 

the public road runs past the farthest away of the four lots which come one after the other from the road.

What I have been told is they've all agreed at land division time last year that a four metre wide road will run at the side of three lots ending up at ours, the last, lot. Not across ours. This means there most likely should be an easement to cross each of the three lots. It is also in the essential interest of the central two lots not touching the public road, or they'll be potentially landlocked too.

It is just possible that the easement is only registered on the other three titles and doesn't have to be recorded on ours as we are not under any sort of obligation ourself. After all copies of all titles are held at LO in event of strife.

But I have already seen a couple of technical problems like what I've been told is the road is no more than 3 metres, and that one marker in the ground is not on our title. Also I think if there is an easement there should be markers for the road on each plot. There aren't, there are only two markers at the public road entryway and entering our last lot.......but maybe there;s another way of defining the land like "this lot is encumbered with an easement to lots XXX and XXX 4 metres wide on it's north side." You get the idea. But lal this is hypothetical I just need to see the papers.

 

I try to avoid lawyers unless necessary.

It's not like I'm buying the land, just intending to build a modest residence totalling maybe under 1m baht. I will not be expecting any security on it as far as tenure is concerned.

Edited August 23, 2017 by cheeryble

[khunPer]

You should be able to check a Chanote title land deed at a Land Office, i.e. due diligence. 

 

The law concerning "rigt of way" in Thailand is, that if a road/way has been in use for 10-years, one has "right of way". If not, then one need to settle with the land owners, which can be a servitude – that sometime may be a serarate contract only, and not written on the Chanote deed(s) – or another form of agreement. Land owners has the right to claim compensation, i.e. a fee, or ongoing annual fee, for the use of way over their land.

 

Road/way used for 10-years or more, can be applied for a change to public road.

 

Many land-plots has no road acces, so it's always important to clear one's way of access to the land with neighboring land owners before starting any development. 

 

Land (re)measuring and updated markers posts can be requested at the local Land Office. There will often be some waiting time, and a fee need to be paid. Furthermore, sometimes the neighbors need to be present and agree in posts, if new cement post are to be placed.

 

Any installments, i.e. electric posts and wires, shall normally be paid for by the contracting entity, but even paid for the installments are public, and can later be used by anybody, i.e. the other plots closer to the public road can also use the electric power supply you has paid fully for, so that is also a point to be used in negotiations for "right of way".

 

All above are from my own experience, and what my lawyer has informed me; however, things may be organized slightly different in other parts of the nation, so always check locally. A good source is to ask – let girlfriend or wife ask – the local Head-of-Village.

 

 

[juehoe]

 
 
I try to avoid lawyers unless necessary.

I understand, but in some cases it is easier to hire somebody.

You need some knowledge and experience to deal with the officers at the Land Office. Sometimes they try to collect money and don't give you the information they have to give you by law.

[GreasyFingers]

Take your wife and a copy of the chanote to the Lands Office to confirm that their copy is the same as yours. Just because a road is drawn on the title diagram fronting the property does not mean it legally exists or is a public road (sorry but cannot remember the Thai name for public road). Ask for a copy of the charting map showing the adjoining properties. A small fee is involved depending on how big an area you ask for. Take everything to the local municipal office and check with them on legal access and buiding requirements.

[cheeryble]

Take your wife and a copy of the chanote to the Lands Office to confirm that their copy is the same as yours. Just because a road is drawn on the title diagram fronting the property does not mean it legally exists or is a public road (sorry but cannot remember the Thai name for public road). Ask for a copy of the charting map showing the adjoining properties. A small fee is involved depending on how big an area you ask for. Take everything to the local municipal office and check with them on legal access and buiding requirements.

 

I have to take the wife (or her mum, the owner?)

Or can anyone do?

It would seem reasonable that people who might want to privately check out a possible development in an area they don't yet own should be able to check the records.

 

 

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[GreasyFingers]

9 hours ago, cheeryble said:

 

I have to take the wife (or her mum, the owner?)

Or can anyone do?

It would seem reasonable that people who might want to privately check out a possible development in an area they don't yet own should be able to check the records.

 

 

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It will depend on the local office on what information they will give if not directly linked to the land. My comment on the wife was more to do with someone who can speak Thai.

[cheeryble]

Thanks for the replies

 

I just took the bull by the horns and went to LO.

 

It turns out the new lots are all recorded and the new private access soi has it's own registration of which Mum is a co owner.

 

Edited August 27, 2017 by cheeryble