Your Future Property Papers “In Green”
A decision that needs in the majority of cases a property purchase.
Finding your ideal spot that will delight and bring peace and relaxation to your days under the tropical sky can be precarious terrain.
A condo represents the least degree of legal equivoque as it can be owned under your name. A piece of land or house can not. It requires you to sail on one of the following streams: marrying a Thai national, registering a limited liability company or entering a lease agreement.
Either way you choose, one piece of advice stands tall: make sure you carefully check the Title Deeds of your about to be property. Being diligent with these funny name documents can keep future headache away.
Or Chor 2
This document is designed for condominiums and indicates that you are the owner of the unit and a share of the common property that belongs to the unit (not the land it has been built on). These titles originally have the name of the developer but as you make the purchase, that will be amended and your name will show your ownership. It will list details such as unit name, number, floor, a sketch of the unit, location and the deed number of the plot of land the building is sitting on. A ratio of how much of the common property you own will also appear there.
The following documents are intended for land purchases. You need to make sure that who you are buying from has legal entitlement on the property before you sign anything. A check here should reveal if there are any strings attached to the land such as mortgages or liens and if you have the right to build on it and in which way.
Nor Sor 4 (NS-4)
Called Chanote or Freehold Title Deed it is simply the best you can have. A credible document where all measurements of the land are correct.
Sometimes the Land Department revokes a title when has been discovered fraudulent claims on government land, in which case the present owner will not receive any compensation. This problem is alleviated by having land under the Chanote title deed.
Nor Sor 3 Gor (NS-3K))
This document stipulates that the land is waiting a full title deed. The property’s boundaries have been established exactly using an aerial survey and it can be transferred, mortgaged, divided or sold similarly with the Chanote deed. The proprietor of the land may file a petition to the Land Department and, if no opposition, it can be granted the full title deed.
Nor Sor 3 (NS-3)
This title released by a district land officer indicates that the land has never been measured by the Land Department therefore has no strict borders. The actual possession of the land has not been transferred to the title deed holder. It can be upgraded though to a Nor Sor 3 Gor and later on to a Chanote title.
This class of documents does not confirm any sort of ownership but only the claim to land, recognized by tax payments at the Local Administrative Office (not by the Land Department) therefore it is the least advisable when buying land in the Kingdom.The Sor Kor 1 and Nor Sor 2 admits utilization and occupation of the land. The second one stipulates that the land is allocated for occupation within 6 months and must be utilized before the three years expiry date from the date of receiving possession. As the claim on land represented through these documents matures, the Land Department may grant a real title deed based on these claims.
Having a deed on land is considered evidence of owning the buildings on it but does not also prove ownership on them. In order to be able to sell the buildings, sale agreements or construction permits must be provided as auxiliary proof of building ownership.
About the Author:
Sorin Gligore has more than a decade of experience in Sales and Entrepreneurship in South East Asia, has completed BA studies in Journalism and Social Studies and a MBA in Hospitality, currently co-owning Shambhala Realty Co., Ltd. in Bangkok