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How can I own the property in Thailand I want to buy?

Land owning laws in Thailand

Ownership of land in Thailand is governed by the Land Code BE 2497 (1954),
the Civil and Commercial Code, Land Reform for Agriculture Act BE 2518
(1975) and the regulations set forth by the Ministry of the Interior.
Although Thai law stipulates that a foreigner may not own land in Thailand in
his name, he has the right of ownership of buildings only. If a foreigner wishes
to purchase land in Thailand to build a property, he has 3 options:
 
1. The land is purchased on a 30-year leasehold with an option to extend the
lease for further 30 year periods. Possession of the land is assured by virtue
of the fact that property occupies the land. The lessor cannot seize the
property upon expiration of the lease, as the property is separate from the
land.
In order to be enforceable, any lease for a period longer than three years
must be registered at the Land Department, which involves payment of a
registration fee and stamp duty based on a percentage of the rental fee for
the whole lease term. The original registered lease remains in force and effect
even if the property is sold. Both parties can contractually agree to renewals,
but this right can't be registered at the Land Department.
 
2. If a foreigner is going to operate a business in Thailand then he may
purchase the freehold of the land through his Thai Limited Company. The
land will be owned by the Thai Company, not by the individual.
Limited Liability Company - this form of purchasing property is the most
popular with foreign investors as the Articles of Association can be varied to
allow greater protection for foreign minority shareholders where majority Thai
ownership is required under the Alien Business Law. Thai law requires that
51% of the shares be held by Thai juristic persons, however, any company
with more than 40% foreign interest that purchases land will be investigated
by the Central Land Office in Bangkok (under section 74 of the Land Code) to
ensure that the company has not been organized in an attempt to circumvent
the prohibition against foreign ownership of land.
This results in the foreign ownership of the company being limited at 39%
(only if buying land), but with the recommended changes of the Articles of
Association, the foreigner can be the only director of the company, and the
only person of the company who can commit or bind the company in any
contractual dealings (buy or sell land and house), effectively giving the
minority shareholders control over the company.
 
3. You can have 100% and have your name record on the Land title Deed.You have to pay 1.00%  for Land Department. First, you (Mortgagee) must have looking  some Thai people record on that land title deed for you. Next you and that man have to do some contact together.Finally, you and that man (Mortgagee) go to tranfer the Land title deep at Local land department and pay 1% to mortgage(a piece of land)  and 2%  for service charge for Lawyer office between contact.   
 
 
Land Titles
There are many different types of land titles in Thailand, the majority of
which do not allow the legal right to build a house on that land. 
we only recommend one title:
Chanot (Land Title Deed) is a certificate for ownership of land. A person
having their name shown on the deed has the right to the land and can use
it as evidence to confirm the right to Government authorities. This land has
been accurately measured using GPS to set the area and boundaries of the
land. The boundaries of the land are indicated by numbered posts. Any legal
acts may be done immediately, as per the right of ownership. Land partition
of more than 9 plots must be carried out according to the Land Allotment
Law, Section 286.
History of land owning law in Thailand
In the beginning, i.e. the Sukhothai era, most of the land in Thailand was in
the possession of the people, who reserved the right to individually use said
land and to transfer it to their heirs. Later, in Ayuthaya and Ratanakosin era,
the land was owned by the Kings. The people had to request a royal grant in
order to obtain land. At present, the possession of land has to be in
accordance with the principle land administration laws. There is the
supervising Land Department and some land is still controlled by other
governmental authorities, such as the Forestry Department, which is
responsible for the management of land in forest zones, Sor. Por. Gor. is
responsible for land in reformed land zones, District Offices and Municipalities
(Or. Bor. Tor) look after public land zones.
All land under the control of these government departments have no effect
as to the rights of people who owned land before the government appointed
the land as a forest, public or reformed zone. The law has o retrospective
effect on the individual's rights to land under the law before it became a
forest zone. That individual person still maintains its right to the land.
There are two types of rights to private land
The first is the right of possession (Possessoary right), i.e. people who
possess and use the benefit of land will have the right to possess such
land under the Civil and Commercial Code.
The second is ownership by a person who has a title deed and documents
concerning the land.
Sor. Kor 1
is a notification form of possessed land. There is a certificate to show the
right to the land. This maintains existing rights. Notification of Sor. Kor 1; on
December 1954, the government advised all land proprietors to notify such
possession to the government as per form Sor. Kor 1. After it was proven
that such a proprietor had possessed the land legally and used the benefit of
the land, then the government would issue Nor. Sor. 3 or Nor. Sor. 3 Gor as
evidence. Nor. Sor. 3 and Nor. Sor. 3 Gor are legal certificates provided that
any name shown on the title is a person who has the right to the land
(according to the principle law). This right will be recognized by the law and
can be used as evidence in any dispute with an ordinary person or the
government.
Por. Bor. Tor 6
is evidence by the issuance of a tax number for the purpose of paying tax for
using the benefit of the land. Such land has not yet been assessed as to the
person's right to possess such land. In the event that there is not title for
the land, then it may be land in a conserved forest, public land or land which
existed under Sor. Kor 1, Nor. Sor 3, Nor. Sor. 3 Gor or a title deed. Any of
these titles must have a Por. Bor. Tor 6 as tax must be paid, the same as any
land without a title. Purchase of such land is possible by handing over the
possession of the land to the buyer along with the tax nuber. The right to the
land under Por. Bor. Tor 6 can not be used as evidence in any dispute with
authorities.
Sor. Por. Gor 4-01
is an allotment of land from the land reformative committee, and under no
circumstances may this land be bought or sold. It may be transferred to heirs
only.
Nor. Sor. 3
is an instrument certifying the use of land issued by the government to the
proprietor of land not a possessoary title, i.e. it is confirmed by law that a
person holding Nor. Sor. 3 has the legal right to possess the land. This land
title can be used as a legal document or to use the benefit of the land as an
owner. Nor. Sor. 3 is a floating map with no parcel points. It is issued for a
specific plot of land and it is not connected to other land plots. This causes
problems in verifying the land area. Any legal acts must be publicized for 30
days.

Nor. Sor. 3 Gor
        is a legal land title with the same legal basis as Nor. Sor. 3. The difference being that Nor. Sor. 3 Gor has parcel points on the map, and is set by using an aerial survey to set the points and the land area. It is possible to verify a nearby land area. It always uses the same scale of 1:5000. There is no need to publicize any legal acts, and it is possible to partition (divide) the land into
smaller plots.




Home guide line/ คู่มือซื้อขายบ้าน

Category/ แบบบ้าน ประเภทต่างๆ
ซื้อ บ้านมือสอง ทางไหนดี
All kind of land titles/ เอกสารสิทธิที่ดิน
Check a bankrupk/ ตรวจสอบคนล้มละลาย
กลโกงที่ดิน
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ซื้อบ้านใหม่หรือ บ้านมือสอง ดี
ขายบ้าน คุณเองก็ทำได้
การเลือก บ้านมือสอง
ที่ดิน กับปัจจัยเรื่องราคา



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