4 Sorts of Land Titles Deed in Phuket We’d Recommend
Plenty of the land title deed can be found in Phuket, Thailand. Depending on the usage you plan to do of it, the legal designation is primordial. In most cases, you want a plot to build your own residence building, to develop a project or simply for investment. In this case only 4 sorts of titles are relevant and shall be considered, that is in our point of view. In case you are looking for a clear idea about buying land or a condo in Phuket, we highly recommend reading the article 5 steps to understand when buying real estate in Phuket.
4 Sorts of Land Title Deed we’d recommend
1) the Nor Sor Si Djor (N.S.4.Jor) well known as Chanote.
2) the Nor Sor Sam (N.S.3).
3) the Nor Sor Sam Kor (N.S.3.Gor).
4) the Nor Sor Sam Gor (N.S.3.Kor).
The Nor Sor Si Djor (N.S.4.Jor) means ‘Ownership Certificates’.
Nor. Sor. 3, Nor. Sor. 3 Kor. and Nor. Sor. 3 b.) means ‘Utilization Certificates’ which a certificate from the competent official that the land has been utilized. The different between these 3 sorts of title is who is the competent official issue them. This impact to the process during transaction, you will see below.
Why These 4 Sorts of Land Title Deed?
Most importantly, they provide the same joy. You have full control and right over the land. So, you can alienate, use and get the fruct of these plots. Consequently, without these rights, you can not dispose of your land as you want and your future project can since the beginning be impossible to realize. That is why we’d recommend.
However, keep this in mind, the full right of ownership according to the Romans right, means, the ‘ABUSUS’, the ‘USUS’ and the ‘FRUCTUS’ is attached only to the Nor Sor Si Djor (N.S.4.Jor). It is the sole Ownership title that is inalienable. Also, the Nor Sor Sam Kor (N.S.3.Kor), Nor Sor Sam Gor (N.S.3.Gor) and the Nor Sor Sam (N.S.3) provide you only Possession rights. So, they are “the Possession Title”.
Consequently, the USUCAPION means the right to acquire a third party property by uninterrupted time of occupation is only 1 year for these 3 types of title according to Section 1375 of the Civil and Commercial Code (CCC). But, in the presence of Chanote, the uninterrupted time of occupation is 10 years (Section 1382 of CCC).
What is the different between them during Land transaction?
land purchases in the category of Chanote, Nor Sor. 3 Gor. No advertising or announcement is required 30 days before registration be completed. You can register and sell immediately. The transaction can be completed within 1 Day without delay. But, in case of Nor Sor. 3 and Nor Sor 3 Kor, advertising or announcement is required 30 days before registration be completed.
In addition, the other difference between them concerns notably the calculation of the superficies and boundaries. Even it is not much but can be a source of future litigation. We can explain to you in detail in our next meeting.
An upgrade of the Possession title or a survey on the plot of land shall be occurred.
More than clarifying the boundaries of the land and the area, it will help to determine if the land is connected to a public road directly or by the easement or servitude rights.
And there is more to understand when buying land or condo in Phuket. For instance, contract, things in relevance, leasehold and freehold. Also, property due diligence checklist, what to verify!
The good type of land with access way being confirmed, the next step shall be environmental and city zone plan, that determines for example the altitude of the land, the height of the building, the purpose of the construction or the building area ratio, questions that we will have the pleasure to develop in our Thai Law article.
Frederic Retif, Master in Business law, French Lawyer and Thai Legal Advisor.
Department of Land