Title Deeds in Thailand

Title Deeds in Thailand. Title deeds are the single most important documents in any Thai property transaction. Which document you hold — and how it was registered and managed — determines whether you really own land, whether you can mortgage it, how easy it is to sell, and how strong your claim will be if a dispute arises. This guide explains the main types of Thai title documents, how the Land Department records work, what buyers and lawyers must check, how transfers and mortgages are done, tax and fee realities on transfer day, common pitfalls (especially for foreigners), and a practical “deal-day” checklist you can use with your counsel.

1. The title hierarchy — what the main deeds mean in practice

• Chanote (Nor Sor 4 Jor / full certificate of title) — the gold standard. Chanote is a cadastral title issued after a professional survey; it records precise boundaries (with coordinates) and is registered at the Land Office. A chanote gives the strongest proprietary rights and is the easiest title to mortgage, sell or defend in court.

• Nor Sor 3 Gor / Nor Sor 3 / provisional / possession documents — these are various graded documentary records of land rights that indicate a right to use or occupation but do not provide the same evidential strength as a chanote. They may have varying degrees of survey detail and legal status; Nor Sor 3 Gor (often described as “NS3K”) is stronger than raw possession notices but weaker than a chanote. Holders of these documents face greater risk when selling or financing.

• Sor Por Kor (SPK / agricultural entitlement) — a land entitlement certificate issued for social/agricultural programs. SPK land may carry restrictions on transfer, can be subject to reclamation rules, and often requires additional procedures to convert to ordinary title.

• Possessory / informal occupation — no formal registered document. These holdings are the riskiest from a legal perspective and usually require long administrative and evidential work to regularize.

Practical rule: always ask the seller for the original Land Department certificate and a fresh certified Land Office extract (khao chaad) showing the current registered owner and encumbrances.

2. What the Land Office record shows — the legal snapshot

A Land Office extract shows:

• the registered owner(s) and ID/registration numbers;

• type of title and the title/plot number;

• area and boundaries (for chanote, coordinates and plan are included);

• registered encumbrances — mortgages, liens and caveats (warnings/attachments);

• any outstanding charges or declarations.

You must always obtain a recent extract dated within days of closing. Many disputes come from relying on an old extract that didn’t reveal a subsequent mortgage or probate filing.

3. Due diligence — what to check before you pay

A competent due diligence package should include:

• Fresh Land Office extract (original certified copy).

• Copy of the chanote or other title document (original sighted).

• Survey plan and, if relevant, a licensed surveyor’s recent boundary report (check boundary posts and GPS coords on chanote).

• Encumbrance search (mortgages, court attachments).

• Tax & utility status — property tax, municipal bills, utility arrears.

• Planning and zoning restrictions (municipal building plan, reserved areas, easements).

• Ownership chain — copies of prior transfer deeds back at least two transactions to check for clean chain of title.

• KYC for parties — identity and corporate records for buyer/seller; verify signatory authority, board resolutions or PoAs.

For foreign buyers: confirm the developer’s status (if buying from a project), make sure the seller can demonstrate money-trail for prior purchases (important for bank/land-office scrutiny of foreign funds), and obtain certified translations of any non-Thai documents.

4. Transfer mechanics — the Land Office day

Basic sequence on transfer day (simplified):

1. Buyer confirms clearance conditions and brings funds (or escrow instructions).

2. Parties attend Land Office with original title, seller ID, buyer passport/ID, tax receipts, transfer tax/stamp duty payment, and a signed sales contract.

3. Land Officer verifies title and encumbrances, computes taxes/fees.

4. Transfer is recorded — the Land Office issues a registered transfer and issues the new title (or endorsement).

5. If required, the buyer registers any mortgage immediately after registration.

Key practical points: the Land Office will insist on original documents and proper ID; banks often require the buyer’s foreign funds to show a clear remittance trail (SWIFT/FET) when the buyer is a foreigner.

5. Mortgages and finance — registering security

Banks and lenders will only register a mortgage or pledge against title that the Land Office recognizes; chanote titles are the easiest. For non-chanote titles lenders apply stricter underwriting or decline finance. Lenders also require:

• a certified title search showing no prior encumbrance;

• seller’s signed consent to mortgage (if mortgaging as part of an acquisition);

• documentary proof of source-of-funds for foreign borrowers;

• completion of lender forms and payment of mortgage registration fees.

Mortgage registration is done at the Land Office and creates a public encumbrance visible on the land extract.

6. Taxes & fees — what is paid on transfer day

Typical costs allocated on transfer day (allocation negotiable though Land Office collects some from seller):

• Transfer fee — commonly 2% of the assessed value (sometimes reduced by temporary measures);

• Specific Business Tax (SBT) 3.3% if the seller is a business or the sale is deemed commercial (otherwise replaced by stamp duty 0.5%);

• Withholding tax / income tax on sale — computed differently for individuals and companies and often withheld at registration;

• Registration administrative fees — small fixed amounts or %;

• Mortgage registration fee (if a mortgage is registered).

Do not rely solely on seller’s promises about who pays taxes — require explicit SPA language and confirm on transfer day.

7. Common pitfalls & dispute flashpoints

• Seller’s title is irregular: non-chanote titles are vulnerable to competing claims and conversion attempts.

• Hidden mortgages / attachments because buyer relied on old extract. Always get a fresh extract immediately before registration.

• Boundary disputes — physical boundary posts missing or inconsistent with survey plan; obtain a licensed survey and, where necessary, a surveyor’s report.

• Undisclosed rights of way or public reservations that restrict use or building permits.

• Foreign funds and FET — Land Office and banks often require an evidential trail proving foreign currency was properly remitted; failing to provide SWIFT receipts can block registration for foreign buyers.

• Power of Attorney issues — PoAs executed abroad without apostille/consular legalization or without proper wording are regularly rejected by the Land Office.

Mitigation: buy conditional on delivery of clear title, insist on escrow for purchase proceeds, and keep originals until registration completes.

8. Practical checklist — what to bring / require for a clean transfer

• Recent original Land Office extract (dated within 7 days).

• Original title deed (chanote or other), seller’s ID and buyer passport.

• Signed SPA with clear tax allocation and registration timeline.

• Proof of payment (bank transfer receipts) and, for foreign buyers, original SWIFT / FET remittance confirmations.

• Power of Attorney (if used) properly notarized/apostilled and with Thai translation.

• Funds to pay transfer tax / SBT / stamp duty and Land Office fees.

• If financing: lender pre-approval and mortgage documents ready for Land Office registration.

9. Final practical note

Title deeds in Thailand are not just paperwork — they are the practical keys to usable property rights. Secure transactions come from a simple discipline: (1) always sight original documents and obtain a fresh Land Office extract, (2) verify boundary and survey information with a licensed surveyor, (3) insist on a clear chain of funds and, for foreign buyers, authenticated SWIFT/FET evidence, and (4) use escrow or staged release mechanics where registration risk is material.