Författare Ämne: En guide till de olika land-titlarna som finns i Thailand  (läst 3435 gånger)

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En guide till de olika land-titlarna som finns i Thailand
« skrivet: november 26, 2014, 14:29 »
För bekvämligheten att ha ett ställe att läsa på, så samlar jag härmed den information som jag har här i denna tråd! Denna information är på engelska. Jag utgår ifrån att de flesta av oss klarar ut den grejen med språket. Men om det skulle vara ett problem, så PM;a mig, så översätter jag gärna vid behov.

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A guide to land titles in Thailand

Prior to purchasing property in Thailand, it is a good idea to familiarise yourself with the different land titles that are used here.

Whilst foreigners can own property in Thailand, they can not own land directly.

However, they still can hold certain rights with regards to land such as usufructs, leases, habitation and mortgages, which can be included in the title deed.

Therefore, it is important to be aware of the different land titles in Thailand in order to understand what exactly it is you are being offered and to avoid any potential problems further down the line.

As a foreigner, really the only land titles you should consider are Chanote, Nor Sor Sam and Nor Sor Sam Kor as these are the only deeds of which a true right of ownership can exist and which allows for the land to be sold, leased or used as collateral in for a mortgage.

It is also worth mentioning that large parts of land in Thailand still do not have any kind of official status or title. Many land plots, especially in upcountry Thailand have never been properly registered with the land office and have never been confirmed for private use. Instead, land like this is normally regarded as government land or land set aside for farming or agriculture. Land of this type can not be be sold or leased.

So if it is that someone is offering your Thai wife or partner what seems to be a very reasonably priced land plot somewhere in upcountry Thailand, please make sure that the land plot has genuine title deeds and is eligible for private ownership and development.

Don’t think you’re getting what at first sight might be a great value deal when the reality is you could be ‘buying’ land which you or rather your Thai wife or partner has no right to own.

Whatever you decide with regards to the different land titles in Thailand, always seek the advice of an independent lawyer to read through any deeds, contracts or paperwork prior to committing yourself to any type agreements.

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SV: En guide till de olika land-titlarna som finns i Thailand
« Svar #1 skrivet: november 26, 2014, 14:30 »
Chanote land titles in Thailand

A Nor So 4 Jor (NSJ4) or Chanote, as it is more commonly known, is the only title deed which enables full and certified private ownership of land. A Chanote is the highest land title used in Thailand. A plot of land which has a full Chanote title will have been accurately surveyed in accordance to a national survey grid and will be plotted using GPS coordinates. The land will also have been marked with numbered posts which are used as markers set into the ground. This is the recommended title with regards to the ownership of property/land in Thailand

Please note that condominium title deeds also give freehold full ownership and we’ll be covering condo and freehold ownership in more detail on the Thaivisa Property blog in the coming weeks.

Nor Sor Sam land titles in Thailand

Nor Sor Sam Gor
A Nor Sor Sam Gor, whilst not a full ownership title deed, it does enable the person holding the title to have legal right to the land plot in question. This right to the land is fully recognised by law and can be used as legal document if any dispute with regards to ownership of the land plot arise.

A Nor Sor Sam Gor title can be sold, mortgaged or transferred. This land title can also be upgraded to a Chanote title but only after a full and accurate measuring of the land has been carried out by the local land office, this will include official markers being placed on the land and that no opposition is made against the proposed upgrade to a chanote title.

Nor Sor Sam
The main difference between a Nor Sor Sam Gor and Nor Sor Sam title is that a Nor Sor Sam has never been properly measured or accurately by the relevant people at the land office and therefore does not have true and recognised boundaries.

Any boundary markers which may be found on this type of land plot will normally have been put there by the owners of the land, rather than by officials from the Land Department.

Of course, this could create problems as to whether the boundaries and even size of the land plot is accurate. A land plot with a this  title can be upgraded to a Nor Sor Sam Gor.

Nor Sor Song
This is a temporary certificate or rather a letter of consent which entitles the holder to occupy a piece of land for a designated period of time. This is issued by the Land Department and states that the holder must begin occupation of the land within 6 months of receiving the letter of consent, which is valid for a period up to 3 years. A land plot with a Nor Sor Song can not be sold or leased but can be inherited.

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SV: En guide till de olika land-titlarna som finns i Thailand
« Svar #2 skrivet: november 26, 2014, 14:31 »
Sor Kor Nung land titles in Thailand

A Sor Kor Nung land title has very little real rights associated with it but is rather a notification of possession of a plot of land. Generally speaking this type of land title relates to land used for farming and is more commonly found in rural areas of Thailand. Depending on the location of the land, it may be upgraded to Nor Sor Sam, Gor or Chanote but only with approval from a court.

Please note all the info above is just a guide and we would always recommend that you complete your own research into the different land titles in Thailand. Consult an independent lawyer, speak to people in the know and make sure you are fully aware of the details of any agreement or contract with regards to land in Thailand before you make any kind of long term commitment.
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SV: En guide till de olika land-titlarna som finns i Thailand
« Svar #3 skrivet: november 26, 2014, 14:40 »
Can Foreigners Own Property in Thailand?

If you are already familiar with the Thai property market or you have previously looked into buying a house in the Land of Smiles, you will no doubt have come across information with regards to if it is possible for foreigners to own property in Thailand.

It is true that there are a number of restrictions in place with regards foreign land ownership and whilst at first these restrictions may seem a little off putting for some people, generally speaking, buying or investing in property is as realistic in Thailand as it is in other popular overseas destinations.

What are the restrictions on foreigners owning property in Thailand?

Previously, apart a few very minor exceptions, foreigners were unable to legally buy a house, condo or any other kind of property or land in Thailand. However, from 1997 onwards, Thailand has relaxed its laws on foreigners owning property in the country.

Today, some restrictions still remain in place but it is now much easier for foreigners to purchase property, as Thailand’s ever expanding foreign property market shows.

In nearly all situations, foreigners are unable to own land in Thailand directly, although foreigners can take out a legally registered lease in their own name that offers them security throughout the duration of the lease. With regards to property ownership, the good news is that foreigners can own property in Thailand completely in their own name, without any restrictions whatsoever.

With regards to condominiums, foreigners can buy a condo freehold without restrictions, and indeed this is a popular option for many expats, but only in a building where more than 51% of the total number of units are Thai owned, otherwise a foreigner can only buy the leasehold.

Ways around restrictions on foreign ownership

A previously popular method involved setting up a joint venture with a Thai entity, in the form of a Thai Limited Liability Company. Under Thai law, the Thai national would need to be the majority shareholder. An agreement would then be put in place that would result in the Thai entity handing over complete power of attorney to the foreign partner, which would then provide them with a significant degree of security in the venture, and in turn in the ownership of the property.

The owners of the joint venture would then be required to complete a tax return and pay a small amount of administrative fees and taxation each year.

However, using nominee shareholders and creating joint ventures for the sole purpose of owning property is now illegal in Thailand and in recent years the authorities in Thailand have started taking steps to try and stop this kind of practice.

Long term leasehold agreements – the recommended option

Another and all together more favorable, hassle free and the recommended way for foreigners to own property in Thailand is to go down the route of opting for a long term lease, which is automatically renewable. Whilst this practice doesn’t obviously secure title ownership, long term leaseholds are incredibly common with foreigners buying property in Thailand and are also very secure.

Long term leaseholds are commonly used when purchasing property in a modern residential development in Thailand. Whilst the  terms of such agreement will vary from one development or property to another, typically an initial leasehold will be taken out for a period of 30 years. Further leases could then be agreed with the land owner but these may not be enforceable under Thai law.

Find out more on foreign property ownership in Thailand

For many expats, Thailand still represents and attractive location in which to buy a house or condo. As mentioned, the property market in Thailand continues to grow, as does the its booming tourism industry.

If you are still unsure of the restrictions with regards to land ownership or would like more information on foreigners owning property in Thailand then you should seek independent legal advice from a reputable professional who has extensive expertise and knowledge in this area.
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