Property Title Transfer in Thailand

The Different Types of Property Title Transfer in Thailand

The property title transfer process in Thailand varies based on region and individual circumstances. Consultation with legal professionals specializing in Thai real estate is advisable.

Documents that support the transfer include the title deed (Chanote) and sales and purchase agreement. Buyers are responsible for paying various fees and taxes, including transfer fees, specific business tax, stamp duty, and withholding tax.

What is a Chanote Deed?

This is the most secure type of land title deed in Thailand. It gives the document holder full ownership rights to deal with the property as they please and to pass it on to heirs. It will typically be issued to a person who owns a condo in a condominium complex but it can be transferred to anyone provided that the title is clear of all issues and encumbrances.

The other more common title deed is Nor Sor Sam (3) Gor, this has a red gurada on and it can also be upgraded to Chanote. It shows that the boundaries of the land have been surveyed but it is not a fully accurate title deed with satellite measured corners. This title can still be used to transfer ownership between people but it is not as secure as the Chanote deed. We do not recommend this for foreigners buying land. However a good property lawyer can help you with this.

Who Can Own a Chanote Deed?

While foreigners can own a condominium, they are limited when it comes to buying freehold land. A condominium deed is a document that proves ownership of a specific condo unit within a building and the ownership of a small share in the property the building sits on. The holder can rent their condo, sell it, or leave it to their heirs.

The other main title documents in Thailand are Nor Sor 3 Gor and Chanote. Unlike Nor Sor 3, a Chanote designates full ownership and accurately surveyed GPS plotted pieces of land that are marked by concrete or metal survey markers set in the ground. In addition, the title is verified by the land department and legal acts regarding the piece of land do not need to be published.

It is important to understand the differences between these titles because a person who owns a Nor Sor 3 Gor can claim possession rights while only a Chanote owner can possess and sell their land. This difference is particularly relevant for people who want to buy luxury properties in Thailand because only a Chanote will allow them to use the property as they wish while also passing it onto their heirs.

How to Get a Chanote Deed?

A Chanote deed is the most dependable type of land title in Thailand. The document verifies ownership and provides details of rights on the property, which have been certified by the government survey. This type of title also includes restrictions on sale or transfer for a certain number of years.

Foreign nationals may acquire a chanote deed if they are a Thai registered company. However, the process is extremely complex and requires extensive due diligence from a qualified property lawyer.

This title deed grants full ownership rights to a plot of land that is precisely surveyed and measured. This type of deed can be sold, transferred, leased, or burdened with a mortgage. However, the holder does not have the right to register other rights like usufruct. The document also provides a guarantee that the rights are not disputed by others. This type of land title is not as common and therefore commands a premium in the market.

What to Do After Getting a Chanote Deed

This is the highest form of land title deed and grants full rights to the holder. It will clearly indicate the plot boundaries and any registered encumbrances. This type of title is very sought after but also the most difficult to find as only land that meets specific criteria can be issued with this deed. For example, the land area that is mentioned on the deed must be precisely surveyed and accounted for or else you may end up with a discrepancy between the actual land that you own and what is shown on your property survey.

SK1 is a notification of possession deed and does not grant true ownership rights. Usually it will not even allow you to build on the property but at the very least it gives you the right to occupy and use it as you see fit. This type of land title can be upgraded to Nor Sor 3 Gor but this is often a money pit and requires extensive legal paperwork.