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Legal Section

Property Title Options
Chanot (Freehold Title)

This title offers full rights over the land and is the best title to have when buying property. When purchasing land, the title will normally come with outline planning showing what can be built i.e. number of stories etc.

Nor Sor 3 Gor

This title is for land awaiting the full Chanot title, and is registered with the land office with exact boundaries recorded. This land may be sold, transferred or mortgaged as with freehold title, as long as it is ready to be registered as a Chanot title; A petition has to be filed with the Land Department requesting the change to full Chanot, which is normally granted unless objections are lodged.

Nor Sor 3

This title is for land that has not been registered with the Land Department so no clear boundaries are recorded.

Purchasing Options

Foreigners are not permitted by Thai law to own land. There are various legal means to purchase and take full benefit of property available, which are tailored to suite the individuals requirements and status. Our legal advisors will guide you here.

Condominiums

In most condo projects, 49% of the apartments are available for foreign ownership in your own name. However, if the maximum foreign ownership has been reached a buyer may proceed in purchasing through a Thai registered company, by leasehold or in the name of a Thai individual.

Villas

There are two forms of purchasing villas. The first is buying the property with Chanot title. This must be done either with a named Thai individual (spouse) or by the creation of a Thai registered company.

The second option is to buy a 30 year lease. Often these are offered with one or two 30 year extension options, bringing it to the equivalent of a 90 years lease. The terms must be closely examined by your legal advisor.

Buying from a Developer

If you are considering purchasing a villa within a development, similar methods to purchase are available to you. Standards in both construction and service can vary greatly. This is where using a reputable Real Estate Agent can help ensure the projects is fully legal, the construction is of a high standard, and that the services offered in maintenance, and general property management are of good value.

Buying Land in Thailand

If you are considering buying land in Thailand then speak to us about the complex process of buying land in Thailand. Whether your interest is an investment, land banking, or you are considering a development of your own, ensuring the deeds, outline planning etc. are all in place is of paramount importance.

Many expats place the land in the name of their girlfriend or spouse without any legal protection in the event of a divorce or dispute. Ensure that your rights are protected in Thailand and that you do not lose your investment.

Usufruct Usage in Thailand

A usufruct agreement resembles a leasehold agreement in many ways, but with certain restrictions.

It is a legal property right and is registered at the local Land Office to offer the usufructuary the enjoyment to the property. A usufruct can be registered for the life of the usufructuary or for a maximum of thirty years. During the period of the usufruct, the owner cannot sell or transfer the property to other third parties. Another benefit is that it would allow you to apply for a House Registration Certificate providing you with greater security on the property. This also means that you can safely rent out the property and receive a rental income from it. As a usufructuary, you may also lease the property to other parties and obtain profits from this. However, when the usufruct is terminated, the property must be returned to the owner.