There are two main types of land interests in Thailand
Right of possession does NOT mean right of ownership, and in the main, we recommend that land titles of this type are discounted. Rights of possession are generally granted where a family has lived on or used the land for a number of generations. The possession rights they hold are only for family and usually are on farming land only and cannot be bought or sold for development or exchange of ownership. Some families have tried and successfully upgraded the land to title deeds of ownership, but in the main we do not touch this type of land.
There are a number of different classes of title in Thailand but only three classes of title we would recommend to clients to buy, namely Chanote and Nor Sor 3(Saam) Gor.
Chanote - - Nor Sor 4 Jor
The Chanote land title deed is similar to European title deeds and is the most complete land title available in Thailand. It contains a full history of all registered transactions concerning the land, as well as exact boundary measurements and marker posts, a description of the land and the actual size. The boundaries have been verified by GPS (satellite images) and are deemed accurate.
The Chanote is the only title deed that gives full ownership rights to the land, whereas the other title deeds only give right of possession or use.
Ngor Sor Saam Gor signifies the land occupier’s right to possess the land, but without conferring actual possession. The land is in general accurately surveyed and each plot is cross-referenced to a master survey of the area and a corresponding aerial photograph. Unique numbered marker posts set in the ground mark its boundaries. It is possible to subdivide the land into smaller plots. The second best title available as it can be readily upgraded to Chanote title.
Ngor Sor Saam
Nor Sor Sam is not accurately surveyed and this could cause problems in verifying the land area. Nor Sor Sam is a floating map with no parcel points. It is issued for a specific plot of land and is not connected to other land plots. Should the land not have clearly physical boundaries the boundaries should be staked out and confirmed by the neighbouring landowners. The Nor Sor Sam is a legal certificate of possession, however possession has not been confirmed and any legal act must be published for 30 days, to see if anyone wishes to contests the right of use.
Other considerations may be concerning access, right of way and servitude.