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Sehr veehrter Kunde, bitte lesen Sie die nachfolgenden Informationen auf DEUTSCH auf -- www.thaiguru.de Dear client, this page is done for our clients to give you more confidence - whenever you would like to buy a property in Thailand.
CHANOD (โฉนดที่ดิน)-- Chanot Thi Din — No So Si Cho The Thai word โฉนด (chanod) means title or title deed, and the compound word โฉนดที่ดิน (chanod-tee-din) means land title, land title deed, warranty deed, land patent. The word 'chanod-tee-din' is often shortened to CHANOD. The official classification for this land title is N. S. 4 J. The CHANOD document ranks highest of all land title documents in Thailand. It gives proof of freehold (not only possession) of a certain plot of land - or a condo. Every person who is registered on this document has a legal title on the land or the condo (ownership, but also other titles, e.g. mortgage, can apply). The chanod document is issued in Thai language. Over the years, the document has modified its appearance. Nowadays, this document usually is issued on a single sheet of paper (36 cm tall and 24 cm wide), with content on both sides. The symbol of the Thai Nation, centrically on top of the front-side, is printed in red color. All these documents show the word CHANOD in the headline, and, in addition in newer documents, the official classification, N. S. 4 J., appears on the top, right hand side. The front-side includes name and address of the landlord, the land size (in rai, ngan and tarang-wah), a map of the land (north-oriented) with all boundary-markers and its numbers, plot-numbers, and the scale of the map. The original scale of the map is often 1 : 1,000; however, the map in the document might be displayed in another given scale. The reverse side of the document includes chronologically all legal changes, e.g. the name of the new landlord when the land was sold, a person or bank granting a mortgage, a lease-holder (if the owner leased out his land for 30 years), or usufructuray (for life).
NO SO SAM GO (น. ส. ๓ ก.) The N. S. 3 K. document is a high-ranking land title-deed. It is a document for the right of the possession and use of a certain land for a certain person, and includes the right to be sold, leased, and can be used as a mortgage collateral. In a strict sense, it is not a true title-deed, rather a land exploration testimony, but you can deal with it in almost the same way as a chanod document. It is also possible to apply at the land office for an upgrade to a CHANOD document. The N. S. 3 K. document is issued in Thai language. It looks like a chanod document and consists of a single sheet of paper. The symbol of the Thai Nation, centrically on top of the front-side, is printed in green color. The headline is given as หนังสือรับรองการทำประโยชน์ (which reads as 'Nung-seu rub-rong gahn-tum-pra-yoht' and means document for having obtained a title or simply title). It does not contain the word โฉนด (chanod). The official classification น. ส. ๓ ก. (N. S. 3 K.) appears on the top, right hand side. The front-side includes name and address of the landlord, the land size (in rai, ngan and tarang-wah), a map of the land (north-oriented) with all boundary-markers and plot-numbers, and the scale of the map. The original scale of the map is 1 : 5,000; however, the map displayed in the document might be reproduced in a larger scale, e.g. 1 : 1,250. The reverse side of the document includes chronologically all legal changes. Land with this title was surveyed decades ago by an old method which was not as precise as a modern method (GPS-based) nowadays in use. The geographic position is often determined by aerial survey photography. One should expect to get a roughly defined boundary (of a few meters) of a certain plot, rather than a precise one, especially when border poles cannot be found.
NO SO SAM (น. ส. ๓) The N. S. 3 document is an almost high-ranking land title-deed, but has some restrictions as compared to the N. S. 3 K. document. It is an official document for the right of the possession and use of a certain land for a certain person, and includes the right to be sold and leased. In a strict sense, it is not a true title-deed, rather a land exploration testimony, but you can deal with it in almost the same way as a chanod document. It is also possible to apply at the land office for an upgrade to a chanod document. The N. S. 3 document is issued in Thai language. It usually consists of a single sheet of paper. The symbol of the Thai Nation, centrically on top of the front-side, is printed in green color. The headline does not contain the word chanod. The official classification น. ส. ๓ (N. S. 3) appears on the top, right hand side. The front-side includes name and address of the landlord, a map of the land (north-oriented) with all its boundaries, and the scale of the map. Land with this title was surveyed not precisely, and not marked with border poles. The borderline and position of the land was only recorded in relation to neighboring land. Consequently, the borderline remains unclear, maybe up to a few meters, and the area size of the land is inaccurate. There is a legal requirement that 30 days of public notice is necessary before any change of status over the land can be registered, which enables neighbors to raise objections. A land that holds this title cannot be partitioned. Before a sales contract is made, detailed and comprehensive information should have been obtained. A wise precaution is to ask the landlord to stake out the boundaries and then ask neighboring landlords to confirm the vendor's interpretation of the boundary. The results, being written down, mapped and simple surveyed, should be acknowledged by signature from all parties, including the village mayor and witnesses.
SO KHO NUENG (ส. ค. ๑) The S. K. 1 document is a low-ranking land document. It is an official document to confirm the announcement of the possession and use of a certain land for a certain person. The S. K. 1 document is issued in Thai language. It consists of a single sheet of paper (reverse side empty), and is not similar in appearance to a chanod document. The symbol of the Thai Nation, centrically on top of the front-side, is printed in black color. The headline is given as กรมที่ดิน แบบแจ้งการครอบครองที่ดิน which means translated: "Department of Lands – Notification of Taking Possession of Land". The official classification ?. ?. ? (S. K. 1) appears on top, left hand side. The document includes name and address of the person who took possession of the land, the land size (in rai, ngan and tarang-wah), a description of the borderlines, and a simple sketch-map. The S. K. 1 document publicly announces who took possession of the land. In 1954, the people who took possession of land were requested by the government through the land offices to declare and register their acquisitions. Upon this, the S. K. 1 document was issued with official signature and seal. In 2005, registration ends; thereafter no such documents will be issued. In case there is proof that the person who took possession of land acted in accordance with the law, then a higher-ranking document can be applied for.
SO PO KO (ส. ป. ก. (สิทธิประโยชน์ทำกิน)) The S. P. K. document is a true land title deed but with legal restrictions. It refers to land allotted by the governmental Land Reform Committee with the strict provision of agricultural or forestry usage for a certain person. The land is exactly surveyed and marked with border poles. However, it is not allowed for anyone to buy, lease or build on such land, it may only be transferred to the direct heirs of the owner, and it can be mortgaged. It seems to be a contradiction that S. P. K. land cannot virtually be transferred but mortgaged; hence it is worthless as collateral. If the owner is unable to pay back the mortgage, the bank cannot get the title transferred. Perhaps a bank will grant a loan of low amount only, and considers the agricultural yield of the land as enough security. Notwithstanding the legal restrictions, S. P. K. titled land has often passed from one person to another, the land document being handed over to the 'buyer' upon payment. Further, it seems to be custom that the owner builds up a small house in combination with agricultural buildings without permission. However, a foreigner should be advised not to invest in S. P. K. titled land as there is no title legally obtainable and no security.
As you might understand already, only the 3 strongest of these 5 types of title deeds enables you to do any real estate business.
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