Title Deeds in Thailand

Title Deeds in Thailand. Title deeds are the single most important legal document in any Thai property transaction. They determine who legally owns the soil, what rights exist over a parcel, what third-party claims bind a buyer, and whether lenders will accept the property as collateral. Thailand’s land-registration framework is technical and layered; understanding the deed types, registration mechanics, common defects, and practical verification steps is essential for anyone buying, financing, developing or litigating over land in Thailand.

The hierarchy of title documents — know the classes

Thailand recognizes several principal title categories. The class dictates marketability, mortgageability and conversion risk:

Chanote (Nor Sor 4 Jor) — the gold standard. A chanote is survey-backed, shows precise coordinates, and is the most marketable and mortgageable title. The Land Department issues a chanote with a formal plan; it creates the cleanest public record.
Nor Sor 3 Gor / Nor Sor 3 — possessory or quasi-title instruments. These indicate long possession and a claim to apply for conversion to chanote, but lack the same survey-backed certainty and are often subject to competing claims when converted.
Sor Kor 1 and possession certificates — lower-tier evidence of occupation. These are common in rural or long-occupied plots and carry the highest conversion and title risk.
Registered long leases, usufructs, superficies — real rights that may be recorded against a title; they do not transfer soil ownership but can be valuable, mortgageable rights if properly registered.

What a title deed shows — the essential elements

A Thai title deed and its accompanying Land Department extract typically show:

the registered owner’s full name (or registered juristic person);
the title number and land office jurisdiction;
the area and coordinate plan (chanote shows surveyed coordinates);
registered encumbrances (mortgages, caveats, attachments, leases noted on the register); and
any special notations (transfer annotations, administrative restrictions).

Always obtain the original deed and the certified Land Department extract — photocopies or scanned files are not definitive for closing.

Why a surveyor’s tie-in matters

Even a chanote requires an on-site surveyor’s confirmation. A licensed surveyor will tie the Land Department plan to physical boundary markers, confirm the area, and reveal encroachments, missing markers or discrepancies between the register and reality. Many disputes (boundary fights, overlap claims) originate from plan-to-ground mismatches. Lenders and buyers should commission a surveyor’s report as a standard part of diligence.

Chain of title and archival searches

A title extract alone shows current registration and recent entries, but the chain of title explains past transfers, suspected irregularities and the conversion history (when a plot moved from Sor Kor 1 to Nor Sor 3 or to chanote). Trace back through previous deeds and transaction documents to the conversion event; unexplained short hops in ownership or late transfers immediately before sale are red flags.

Encumbrances, attachments and the Department of Legal Execution

Registered encumbrances appear on the extract, but some enforcement actions are initiated outside the Land Department. Always run:

a DLE (Department of Legal Execution) search for writs, auctions or execution files;
tax authority and municipal searches for overdue land-and-building tax or compulsory acquisition notices.

A mortgage not discharged on the register or an unrecorded DLE attachment can derail a deal; remediation must be negotiated and verified in writing.

Mortgageability and lender requirements

Thai banks overwhelmingly prefer chanote title as collateral. Where lenders accept leases, usufructs or superficies, they impose stricter terms: lower LTVs, registered subordination or consent from the landowner, survey confirmation, and often additional guarantees. If you intend to finance, secure a lender acceptance letter early and structure the transaction around the bank’s checklist.

Foreign ownership considerations

Thai law restricts foreign freehold land ownership. That affects how title deeds are interpreted and used:

Condominium titles are the primary way foreigners can hold a Thai-situs unit in fee simple (subject to statutory foreign quota).
Land titled in a Thai company or registered long leases/superficies are common structures for foreign use of land — each carries corporate, tax and enforcement risks.
When dealing with cross-border estates or inheritance, practical impediments may arise: a foreign heir might be unable to register a title transfer without converting the asset or using alternate dispositions (sale, usufruct).

Draft wills and succession plans with local counsel to reflect title realities.

Typical title defects and how they happen

Common problems that lead to disputes include:

Missing original deed, or seller only providing uncertified copies.
Recent transfers among related entities designed to mask true beneficial ownership.
Unrecorded encumbrances (bank loans, DLE writs, tax arrears).
Boundary and area discrepancies revealed by a site survey.
Incomplete conversion files for non-chanote titles, with competing claimant objections.
Nominee arrangements where the registered owner is not the beneficial owner — this can be set aside or lead to unexpected enforcement.

A thorough diligence package detects these before closing.

Practical due-diligence checklist (must-do steps)

Obtain original title deed and certified Land Department extract for the current title number.
Order a licensed surveyor’s tie-in report to match registry plan with on-site markers.
Trace chain of title back to conversion or a reasonable historical cut-off; obtain prior transfer deeds.
Run DLE, tax and municipal searches for enforcement and arrears.
Get DBD extracts and UBO checks if the registered owner is a juristic person.
Confirm mortgages and discharge paperwork, or arrange escrowed releases at closing.
Request seller warranties and indemnities tied to title defects and include escrow/holdback mechanics.
If financing, obtain formal lender acceptance of title class and required documentation.
Check planning, zoning and BOI/sectoral constraints that may affect development rights.
Translate and legalize any foreign documents and get a Thai-law opinion on marketability and conversion feasibility.

Registration mechanics, costs and timing

Registering transfers, mortgages or leases requires attendance at the relevant Land Office, payment of transfer taxes and stamp duties, and submission of original documents. Timing is office-dependent but expect same-day annotation for simple transfers in many urban offices; complex conversions, surveys or disputes take longer. Factor Land Department processing, survey time and clearance of encumbrances into your closing timetable.

Dispute resolution and remedial routes

When title issues arise, remedies include negotiation and indemnity settlements, rectification at the Land Department (if procedural error), court declarations of ownership, or seeking discharge of encumbrances through repayment or court orders. For urgent preservation, courts can order caveats, freezing injunctions or DLE emergency actions to prevent transfer or dissipation.

Final practical tips

Never close on a property without the original deed and a surveyor’s report.
Treat non-chanote titles as higher risk — price them accordingly and require stronger seller indemnities.
Get a Thai-law legal opinion tailored to your planned use (mortgage, development, condominium conversion).
If you’re a foreign buyer, get specialist advice on permissible structures and succession planning.

Title deeds in Thailand are legal instruments with real, sometimes hidden, consequences. Spend diligence money early, involve a surveyor and local counsel, and structure the closing so title problems are resolved or escrowed — the cost of doing this is tiny compared with the cost of litigation or losing a purchase sum later.