Been offered a house but the deed is not a chanote, but Nor Sor 3.
Is this so bad? What is the worst thing that could happen?
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Been offered a house but the deed is not a chanote, but Nor Sor 3.
Is this so bad? What is the worst thing that could happen?
As you probably know, Nor Sor 3 land has not been offically meaured.
What's the worst that could happen? I'm guessing once the land gets measured and upgraded to Nor Sor 3 Gor, anything that you have built or owned that is out of the parcel of land is now not yours anymore.
Thailand Property
Title Deeds in Thailand may be mainly divided into 4 categories as follows:
Freehold Title Deed (Chanote or Nor Sor 4)
This type of title grants the holder of this document full rights over the land, to deal with or to use it to the exclusion of others.
Thus, if you are planning to buy land in Thailand, this type of title deed is the best and most credible title deed to hold.
Nor Sor 3 Gor
- A land 'awaiting' a full title deed is granted the document Nor Sor 3 Kor.
- The land is measured by the Land Department; therefore, it has its exact boundaries.
- This type of land may be sold, transferred, or mortgaged in the same manner as land with freehold title deed (Chanote) as long as it is ready to be a full title deed.
- In order to change the title to a Chanote, the owner of the land may file a petition to the Land Department to file a request to change it to a full title deed (Chanote), and the Land Department may do so if there is no opposition made against the petition.
Nor Sor 3
- The difference between this type of land title deed and the Nor Sor 3 Gor is that a land with Nor Sor 3 title has never yet been measured by the Land Department; hence the land has no exact boundaries.
- The Nor Sor 3 title may later be switched to a Nor Sor 3 Gor then subsequently transform to that title to a freehold title deed (Chanote) in the future.
Possessory Right
This type of title deed is least recommended. A land with a possessory right has never been substantiated by Department, but is only recognized by tax payments at the Local Administrative Office.
It is essential to bear in mind that title deeds other than one of a Chanote, is not allowed to register any leases against the land such as, usufructs, mortgages or superficies in order to gain encumbrance.
Although Thai Law stipulates that a foreigner may not own land in Thailand, there are alternative options to owning a land in Thailand. We would be more than happy to discuss the options available to you with a meeting, an over the phone conversation, or by email.
credit to google: Title Deeds in Thailand | Siam Legal International
ns3 land is land that has never actually been surveyed by the government, and so the borders have not been marked with "hlak khaet tee din"
Quote:
Nor Sor Saam (3)
The N.S.3 is a title deed which shows a person's right to possess a certain plot of land, but the land borders must be confirmed with neighboring plots. There are no so called parcel points or numbered concrete posts which are hammered into the ground to mark the boundaries of the land. The name showing on the title is the person who has the right to the land and has the legal right to possess the land and use the benefit of the land as an owner (it is not actual full ownership). This right will be recognized by the law and can be used as evidence in any dispute with an ordinary person or the government. It is possible to register a sale or lease and apply and obtain approval to build on this land if building complies with relevant building regulations, zoning and or other laws (e.g. environmental protection). The owner may burden the land (mortgage, lease, etc.) and register this with the Land Department. The land may be sold subject to a 30-day public notice period.
A problem with the Nor Sor Saam title (as opposed to a Chanote or Nor Sor Saam Gor title) is that it is not true land ownership or confirmed right of possession but a right of possession over a land area without an accurate surveyed boundary which often lead to boundary disputes when transferring/selling or upgrading such land during the notice 30-day period and possible hostile possession over such land under the Civil and Commercial Code (book 4) - i.e. claims over the land by someone else not registered as the person who has the registered rights to the land.
and i dont think you can register a usufruct or a lease on ns3 land. however, the land can be surveyed and the deed upgraded to a chanote, but the process is not without its problems, not least the problem of agreeing the border with a neighbouring landowner.
we were offered a plot of very attractive ns3 land on samui, but after taking advice decided against it partly due to the above reasons and also to the fact that in some parts of the country landowners are in bed with the land department in which case upgrading deeds can be a difficult and expensive process.
Quote:
Originally Posted by taxexile
That's what I was worried about.
Thanks all.
Quote:
Originally Posted by taxexile
That's what I was worried about.
Thanks all.