The Importance of a Title Search in Procuring Property in Thailand

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Thailand issues different types of title deeds and claim certificates for its lands, each signifying different levels of claims and ownership. These certificates and deeds also represent varying degrees of rights of use for those who are in possession of these plots, be it for freehold ownership, long term lease and usufruct among other venues.

Foreigners, even if they are not allowed to own lands on freehold in the Kingdom, must still know the basics about these title deeds and claim certificates to protect their interests and rights. Apart from those, they also need to know more about the lands they are eyeing such as the plots’ history of ownership among many others even if they only intend to have these on long term lease.

To level all doubts on a certain plot and to verify its real status, a Title Search needs to be done with the help and expertise of property lawyers in Thailand.

What a title search or what is also known as a title investigation does is to dig over the title of the plot, verify its authenticity and have a thorough check on the history of the property as well to verify whether there are no attached liens and encumbrances that may be detrimental on the part of the buyer or lessee.

This would also include the background of the seller or lessor, as the case may be. A title search would also determine if the seller or lessor is the actual owner of the property and if he is not, whether such person has the legal capacity to deal the plot to another party. Furthermore, the same procedure would establish what type of certificate or title deed is attached to the land and this is highly important since lands with certain certificates cannot be sold nor leased to another party.

With a title search, the title deed attached to the land would be established to be one of the following:

• Chanote or the Nor Sor 4 (the Freehold Title Deed)
  The Chanote is the most superior of all title deeds in the Kingdom as the owner of a plot with such title is afforded with all ownership rights over the property. Further, a land with such title means it has been fully surveyed and its exact boundaries are genuinely established. A land with a Chanote title deed can be transferred, mortgaged or even sold.
• Nor Sor 3 Gor (Certificate of Use)
  The boundaries of the land with such document is well established and like the Chanote, it can also be sold, transferred or mortgaged “if and when” such property is ready for a full title deed (Chanote) otherwise it cannot be a subject of any of those procedures. The degree of similarities between the Chanote and the Nor Sor 3 Gor can be that evident since a land with the Certificate of Use is almost as good as the former.
• Nor Sor 3
  Like the Nor Sor 3 Gor and the Chanote, the ownership of land with Nor Sor 3 as its title is already established. Nonetheless, a huge risk still exists as the plot with such title means its boundaries are not yet found to be exact. Nonetheless, this can be elevated to Nor Sor 3 Gor and eventually to a Chanote.
• Sor Kor 1 (SK-1), Por Tor Bor 5 and the Bai Jong (NS-2)
  Properties with these claim certificates cannot be sold or even leased to another party.

For legal assistance, please visit Siam Legal’s title search service page.