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Phuket Types of Land and Documentation
If you are considering buying property in Phuket, or anywhere in Thailand,
it is strongly recommended that you contact a recognized law firm with
a good reputation and a history of handling successful property deals.
Experts also recommend that before entering into a contract to purchase
a property in Thailand a full and exhaustive period of "Due Diligence"
is undertaken on the title of the land and surrounding areas. It is worth
investing between 2% and 5% of the property value in Due Diligence as
this could end up saving you a 100% loss at a later date.
Thai law recognizes two types of land holding: the right of possession
(Possessory Right) indicates that land can be used by an individual for
its benefit (agricultural use etc.) under the Civil and Commercial Code;
and the right of ownership, where an individual holds title deeds and
ownership documentation to a piece of land.
Land documentation comes in six every different types, specific to the
type of land, the uses allowed and the documentation itself. These are
as follows:
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Sor Kor 1 is the form required to notify the government
of a possessory claim to a piece of land. This was introduced in
December 1954 and was used by the government to verify claims upon
the land with the eventual issuance of Nor. Sor 3 or Nor. Sor. 3
Gor certification (see below)
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Por. Bor. Tor 6 is documentation that all land must
have in order for a tax number to be issued and tax to be paid upon
the benefits of the land. It does not in anyway infer title, ownership
or possessory right of the land, only that it has been assessed
as taxable.
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Sor. Por. Gor 4-01 refers to land allotted by the
Land Reform Committee. Land with this documentation cannot be bought
or sold, and may only be transferred to the direct heirs of the
person who holds it
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Nor .Sor. 3 certifies that the land has been issued
to the proprietor by the government and the land can be used for
its benefits by the holder of this documentation. However, this
is not a clear title, and is relevant only to the individual
holding the land and the land use. No parcel points are marked and
it is issued upon a specific plot with no frame of reference to
connecting plots. Problems can occur when attempting to verify the
actual land area of such plots covered by this documentation and
it requires that legal acts in connection to the land be publicized
for thirty days prior to their enactment.
Nor. Sor. 3 Gor has much the same legal basis as Nor. Sor. 3, however,
with this documentation the land area is defined with parcel points
and is accurately mapped showing adjoining plots on a map using
a standard scale of 1:5000. Land with this type of documentation
may be sub-divided and legal acts need not be publicised.
Nor. Sor 3 and Nor. Sor. 3 Gor are legal certificates allowing the
person named upon them the right to use the land. This documentation
may be used to confirm the rights of the land user in legal disputes
with individuals or the government.
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Land Title Deed, or Chanote, as it
is commonly known in Thailand, is a certificate of land ownership.
The title deed indicates the specific GPS-verified area and boundaries
to the land. An individual named upon a title deed, may use the
title as proof of ownership in all legal undertakings and with the
authorities. Legal acts may be undertaken immediately, however sub-division
of the titled plot to more than nine sub-plots must follow the Land
Allotment Law, Section 286.
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