Understanding Thai Title Deeds
Before beginning due diligence, you must understand the different types of land documents in Thailand. Not all documents prove ownership, and some do not allow legal sale or lease at all.
| Document Type | Thai Name | Legal Status | Recommendation |
|---|---|---|---|
| Chanote (Nor Sor 4 Jor) | โฉนดที่ดิน | Full ownership with GPS-surveyed boundaries. Can be sold, mortgaged, leased. | BEST - Only accept Chanote for purchase |
| Nor Sor 3 Gor | น.ส. 3 ก. | Confirmed possession right with accurate survey. Can be sold, mortgaged, leased. Can be upgraded to Chanote. | ACCEPTABLE - Similar rights to Chanote |
| Nor Sor 3 | น.ส. 3 | Possession certificate without accurate survey. Can be sold but with 30-day public notice period. | CAUTION - Boundary disputes possible |
| Sor Kor 1 | ส.ค. 1 | Claim form only. NOT proof of ownership. Cannot be legally sold. | AVOID - No legal protection |
| Por Bor Tor 5 | ภ.บ.ท. 5 | Tax payment document. NOT proof of ownership. Cannot be sold or leased. | AVOID - For tax purposes only |
Critical Warning: Sor Kor 1 and Por Bor Tor 5
Some sellers attempt to sell land using Sor Kor 1 (claim forms) or Por Bor Tor 5 (tax documents) as if they were valid title deeds. These documents do NOT prove ownership and cannot be legally transferred. Any "purchase" based on these documents provides no legal protection whatsoever. Walk away from any transaction involving these documents.
1Title Deed Verification
Obtain a certified copy of the title deed
Request the original document and a certified copy from the Land Office. Compare both to ensure consistency.
Verify the title deed type is Chanote or Nor Sor 3 Gor
Confirm the document is a proper ownership certificate, not a possession claim or tax document.
Match the seller's name to the title deed
The person selling must be the registered owner. If different, verify power of attorney and inheritance documents.
Check the title deed number against Land Office records
Visit the local Land Office where the property is registered and verify the deed number matches their records.
Verify property boundaries match the survey
For Chanote deeds, boundaries are GPS-verified. Request a surveyor to confirm the physical boundaries match the deed.
Critical for land purchases - boundary disputes are common
2Land Office Search
Conduct a title search at the Land Office
Submit a formal request to search the property records. This reveals the full ownership history and any registered encumbrances.
Review the chain of ownership
Examine previous transfers. Frequent or recent ownership changes may indicate problems or speculative flipping.
Check for outstanding mortgages
Any mortgage must be released before or at transfer. Verify the seller has arranged mortgage discharge.
Search for registered leases
Long-term leases (over 3 years) should be registered. Verify no conflicting leases exist on the property.
Check for servitudes and easements
Verify right-of-way access, utility easements, and any other restrictions registered against the title.
3Encumbrance and Lien Check
Search for court orders or litigation
Check if the property is subject to any court orders, seizure notices, or ongoing litigation that would prevent transfer.
Verify no tax liens exist
Check with the local tax office for unpaid property taxes or special assessments that could become the buyer's responsibility.
Check for usufruct or habitation rights
These registered rights allow others to use or live on the property even after sale. Ensure they are released before purchase.
Confirm no superficies rights are registered
Superficies allow others to own buildings on the land. This is critical if buildings exist on the property.
4Building Permit Verification
Obtain copies of all building permits
Request permits from the seller and verify with the local municipality. All structures should have valid construction permits.
Compare actual construction to approved plans
Verify that what was built matches the permitted plans. Unauthorized modifications may require demolition.
Common issue: Additions, pools, or structures built without permits
Verify the Certificate of Occupancy (Ror. 4)
For completed buildings, confirm the Ror. 4 certificate exists showing the building passed final inspection.
Check building height and setback compliance
Ensure the building complies with zoning regulations for height limits and required distances from property lines.
5Zoning Verification
Obtain the zoning classification
Request official zoning documentation from the local municipality. Confirm the land use is consistent with your intended purpose.
Check for protected or restricted zones
Verify the property is not in a protected forest area, military zone, or other restricted classification that limits development.
Verify Floor Area Ratio (FAR) limits
Understand how much building area is permitted relative to land size. This affects future development potential.
Check for upcoming zoning changes
Inquire about proposed zoning amendments that could affect property value or usage in the future.
6Company Ownership Structure Review
If buying from a company, obtain full DBD registration documents
Request the company affidavit, shareholder list, and director registry from the Department of Business Development.
Verify Thai shareholders are genuine
Check that Thai shareholders have verifiable identities and legitimate investment capacity. Nominee structures are illegal.
Warning: Purchasing from a nominee-structured company exposes you to criminal liability
Review company financial statements
Examine filed financial statements for dividend distributions to shareholders. Lack of Thai shareholder dividends is a nominee red flag.
Verify company directors have proper authority
Confirm the directors signing the sale have board authorization and the required number of signatures per the company articles.
Check for cross-shareholdings with other companies
Investigate if the same Thai shareholders appear in multiple property-holding companies, a common nominee pattern.
7Environmental and Physical Checks
Check flood zone maps
Obtain flood risk information from the Department of Disaster Prevention and Mitigation. Many areas in Thailand experience seasonal flooding.
Verify water and electricity access
Confirm utilities are connected and in the seller's name. For undeveloped land, verify utilities can be connected to the property.
Check road access
Verify the property has legal access to a public road. Landlocked properties may require easement negotiations with neighbors.
Investigate soil and drainage conditions
For undeveloped land, consider a soil survey. Poor soil or drainage can significantly increase construction costs.
Check for environmental contamination
For former industrial or agricultural land, investigate potential soil or water contamination that could affect habitability.
8Condo-Specific Checks (If Applicable)
Verify foreign ownership quota
Confirm the condominium has not exceeded the 49% foreign ownership limit. This must be verified with the Land Office.
If quota is full, you cannot register as a foreign owner
Obtain the condominium juristic person registration
Verify the juristic person is properly registered and review their management structure and regulations.
Review sinking fund and common area fees
Check the financial health of the building. Inadequate reserves may indicate future special assessments.
Verify the seller has no outstanding fees
Unpaid common area fees can delay or block the transfer. Request a clearance letter from the juristic person.
Review condominium rules on rentals and usage
Some condos restrict short-term rentals or business activities. Understand restrictions before purchasing for investment.
Engage Professional Help
While this checklist provides comprehensive guidance, property transactions in Thailand involve significant legal and financial risk. Consider engaging:
- A licensed Thai lawyer to conduct legal due diligence and review contracts
- A licensed surveyor to verify boundaries for land purchases
- A building inspector for structural assessment of existing buildings
- A registered translator for all Thai-language documents
What Happens If You Skip Due Diligence
The consequences of inadequate due diligence can be severe and often irreversible:
- Loss of entire investment: Purchasing from a nominee structure or without proper title can result in the transaction being voided, with no legal recourse for recovery.
- Criminal liability: Knowingly or unknowingly participating in a nominee arrangement can result in prosecution under Land Code Sections 111-113.
- Forced demolition: Buildings constructed without permits or in violation of zoning can be ordered demolished at your expense.
- Inherited debts: Undetected liens, mortgages, or tax obligations may transfer to you as the new owner.
- Boundary disputes: Without proper survey verification, you may find neighbors claiming parts of "your" property.