What are the Thai land title deeds, and what ownership rights do they confer?

There are 4 types of land title deeds that you may come across. In fact, there are more that come under 'squatters rights' but you should have nothing to do with these. Let your lawyer guide you. The title deeds we most often deal with are: Por Bor Tor 5, Nor Sor 3, Nor Sor 3 Gor, and Chanote.

The essentail difference between the Chanote and other documents (P.B.T.5, N.S.3 and N.S.3 Gor.) is that only the Chanote allows both possession rights and ownership rights, while the other documents allow only prossession rights.

If you buy land with P.B.T.5, NS3, NS3Gor land title deeds, anyone may claim possesion rights if they occupy the property for only one year. The only difference between these 3 types of deeds is that N.S.3 Gor. is much more exact in terms of survey and measurement of the property. However, property with these title deeds can be sold, and passed on to heirs. But, ownership can be contested if the owner does not occupy the land and at least put a fence around it to keep out intruders.

If the title deed is a Chanote, the property must be occupied by a squatter for at least ten years, not one year as in the other documents, to gain possession. Although this sounds rather strange, it does work and as long as the owner occupies or uses the property within the 10 year period full ownership will be protected under the law. A Chanote is the best title deed to have as the property is fully surveyed, can be sold, passed on to heirs, and all the other benefits given to full title holders.

P.B.T.5 is the weakest of these and is generally regarded as 'squatters rights' land. Be very wary of any property for sale with a P.B.T.54 or NS3 title deed.

The difference between Freehold and Leasehold: In addition to the different types of land title deeds, you should check to see what type of ownership applies to the property, particularly for condominiums.

Freehold: Means that you can own the property outright. You can buy, sell, trade, and leave the property free and clear to your descendants. Westerners may own a condominium Freehold. Thais may own any property Freehold.

Leasehold: Means that although you can buy any property, including a condo within a building, where leasehold conditions apply, you may only own that property for the period of the lease. The land owner where the building stands retains ownership rights of the property and only leases out the right to live there. Leases generally are for a 30 year period. Sometimes the lease contract may specify that the lease can be renewed for a further 30 year period. A leasehold property may be bought, sold and traded, but you may not leave the property to your descendants to own in perpetuity.

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