Further Reading:
Back to Basics - Land Titles Explained
Last month I looked at the various ways in which a foreigner may hold interests in property in Thailand, this month I will explain a little about the different types of land ownership in Phuket.
It is pertinent to note that by no means all land in Phuket (and even
less in many other rural parts of Thailand) are titled or even surveyed
to any degree of accuracy. This is particularly true of the hilly and
or forested sections of the island and direct coastal lands. Comprehensive
titling cannot exist without complete land surveys and unlike many western
countries the process of national land surveys is still an ongoing process
in Thailand. Up until a few decades ago it was possible to simply stake
a claim over a piece of jungle, register that claim and farm or otherwise
develop that land (some of these claims still exist and can in some
cases be converted to title deeds) but thereafter the government stopped
this free for all and in essence claimed that all remaining untitled
hillside and forested lands were Forestry Department Lands (or National
Park). These new lands were never surveyed in any detail, so inevitably
encroachment and ownership disputes have continued.
There has however been a nation wide project running for several decades
now to accurately survey and title all property in Thailand. This work
has been proceeding very slowly province by province - and at the end
of 2001 , it became Phuket's turn. What this means is that almost 1,000
titles were upgraded last year and over the next 2 years many more of
the titles in Phuket will be re-surveyed and converted to Chanott ti
din (see below). This is a welcome move that will once and for all define
land location boundary and ownership and make any further encroachment
of forest lands very difficult if not impossible.
True title deeds (Chanott ti din) previously only to be found in about 10% of the most and longest developed parts of the island are as noted above on the increase. Chanott titles, issued by the Provincial office of the Thai Land Department, are accurately surveyed, plotted in relation to a national survey grid and also marked by unique numbered marker posts set in the ground. It is the long term goal of the Land Department, that all land in Thailand will be covered under the Chanott title system.
Most "titles" in Phuket are however still of the Nor. Sor.
Sam or Nor Sor. Sam Kor. (N.S.3.) variety and are in the strictest interpretation
"land exploration testimonial deeds". They are however to
all practical purposes land title deeds (issued and maintained by the
Ampher , the District land office) in as much as clear records of ownership
are maintained, and that they may be sold, leased, used as mortgage
collateral etc.. In the case of the Nor. Sor. Sam. (but not the more
recently issued Nor. Sor. Sam. Kor.) there is however a requirement
that 30 days public notice is posted before any change of status over
the land can be registered .
N.S.3. titles are in general less accurately surveyed than Chanott titles. In the case of the older (now increasingly rare N.S.3.) titles the boundaries are only recorded in relation to the neighboring plots and survey errors in length of boundary or area of as much as 20% are not unusual. The newer Nor. Sor. Sam. Kor. is in general much more accurately surveyed and each plot is crossed referenced to a master survey of the area and a corresponding aerial photograph. For this reason whenever purchasing N.S.3. land which lacks clearly defined physical boundaries it is a wise precaution to ask the owner to stake out the boundaries and then ask neighboring land owners to confirm the vendors interpretation of the boundary - don't rely solely on the drawing on the deed.
The Chanott and the Nor. Sor. Sam. Kor. are the only titles over which registerable right of ownership or lease can exist, and are as such the only ones that a prudent foreigner should consider. Summaries of some of the lesser land title/claims will be covered next month.
(to be continued)