If you are going to buy property in Thailand as an expatriate, then you should consider doing a due diligence report on the property to ensure that there are no servitude‘s registered against the property or a usufruct. You also want to ensure that the title deed is what you want and as a foreigner you only want to buy a title deed that is a Chanote.
Title Deeds in Thailand
Most expat property in Thailand tends to be condominiums however some who are married to a Thai national do own houses in the name of their wife. This does create its own problems during registration as well as during divorce. When a house is registered the foreigner has to sign the needed documents that he has no claim over the property.
There are other options such as superficies (where you own the building and not the land) or a usufruct (where you register a right to live and operate the property for a certain amount of time). Both of these are registered against the properties title deed. Other title deeds can be upgraded but it is very rare for foreigners to do these are everyone buys property with a Chanote title deed.
Chanote Title Deed Format
The difference between the Chanote title deed and other deeds are explained later. You will note that title deeds in Thailand will have the following basic information on it:
- 1. Name of the owner;
- 2. Surname of the owner;
- 3. The residence of the owner;
- 4. The location of land; *
- 5. The area of the land
- 6. A map of the plot of land showing boundaries on all four side.
There would normally be two seals on the Chanote which is that of the Land Department as well as the seal of the Governor of the Province. There are two copies. One is held by the Land Office and the other by the owner of the land.
* Land Location has the following description: Section / Land Number / Page / Thumbol
* Land Title Deed needs the following: Number / Book / Page / Amphur / Province
The rear of the title deed in Thailand will tell you who is the owner as well as who holds the mortgage bond over the property as well as the size of the land. Note the different title deeds in Thailand. Also not that some Chanote’s may have restrictions on them as the government gave away land and property however the owner had been limited by holding it for 10 years before you can sell it.
The Sor Kor Nung is no longer used in Thailand and was mainly used in the rural areas of Thailand. This has mainly been used for occupation of land and not ownership. The Nor Sor Song can be inherited but not bought or sold. You can upgrade this but the limitations would still be on the property.
The Nor Sor Saam is another title deed but its borders have not been marked as yet and hence requires a 30 day presale advert in the local media. The Nor Sor Saam Gor is the next type of title deed that does not require a 30 day presale advert as its borders have been measured by an air survey. The Nor Sor Si Jor or Chanote is what you would normally get in the west and what all foreigners buy in Thailand. Stay clear of the other title deeds. Always take proper legal advice from a property lawyer in Thailand.