When you decide to purchase a real estate property, be it a plot of land, a house or a condominium, it is highly advisable that you do a Title Search first before buying it for you to know its background as well as that of the seller or the broker of such property as there are instances in which a seller is not the actual owner of the property but nonetheless, acted as if it is his own or that the seller has no legal capacity to do the same.
Title search is also a must in every property purchase in order to ensure that you are getting the best deal possible because the property is free from any encumbrances.
Furthermore, a title search will also allow you to know the history of the property in depth like the original holder of the property and its subsequent owners (historically speaking, all lands in Thailand are owned by the King).
Types of Claim in Thailand
Thailand utilizes different types of property claims, some of which does not allow their holders to transfer the claim through sale.
- Por Tor Bor 5, Bai Jong (NS-2) and Sor Kor 1 (SK-1)
These documents does not allow the claimant to lease or to sell the land although there is a “possibility” of real titles to be granted in the future basing on such certificates.
- Nor Sor Sam (NS-3), Nor Sor Sam Gor (NS-3k) and the Chanote (NS-4)
If a land is covered by any of these higher class documents, it means to say that such land has been partially or fully documented by the Land Office. It also means that the land can be leased, sold or mortgaged.
The Chanote is the highest of the three and of all types of land certificates.
- Or Chor 2 (Condominium Title)
In Thailand, foreigners are not allowed to own land on freehold but are generally allowed when it comes to condominiums. Generally because conditions still apply i.e. a foreigner may still be able to purchase a condo unit if the total foreign ownership of the units on the building in which the unit is part of has not exceeded 49% yet.
The condominium title also contains other facts such as: sketch of the unit, dimensions and area and ratio of common property as well as the location and deed number of the land of which the condominium building is built upon.
Revocation of the Title
The Land Department in Thailand revokes titles basing on a number of grounds and among these are the original land title on which the recent titles were based on was a government land which was fraudulently and or unlawfully claimed.
Instances such as this one may have gone for a number of years already before its discovery and even if the fraudulent or unlawful act was not done by the present owner, compensation will not be available for him in case of revocation of the land title.
This single example arises the need for a title search to be done by you as it traces the title among other things back to its very beginning.
Title Search Report
All legal documents in Thailand utilizes the Thai language therefore it is important for accurate translations to be attached with such documents.
Siam Legal provides you with a complete copy of the title search report and the copy of the title deed in English and in Thai. Furthermore, the report will also include other details such as:
- The property’s specific dimensions.
- The verified type of title deed.
- Verified history of the title as well as its previous and current owners.