This post was published by Isaan lawyers in 6-2024 at Thailawonline
This topic is complex, as some title deeds belong to the government and only allow possession of the land, while others cannot be transferred except by inheritance. Today, we will focus on the most common type, known as “full chanotte,” which features a red Garuda. Even in Isaan, the chanotte will be the main title deed in cities.
The red Garuda signifies that the land has been measured by aerial survey. These title deeds are known as “Nor Sor 3 (sam) Kor” or “Nor Sor 4 (see) Jor,” with the “Kor” being older than the “Jor.” This title deed is Nor Sor 4 Jor (sometimes only called Nor Sor 4) and you see it on the upper right corner circled in blue. Also, the word “Chanotte” appears translated to “title deed” in yellow circles. That is not written on Nor Sor 3 or Nor Sor 3 Kor.
Most people recognize the drawing of the plot of land on the front page in the center. If you look closely, you’ll also see boundary posts with numbers (0372 is circled), often made of concrete and set in the soil.
At the top of this drawing, you’ll find the first owner’s name, nationality, and address, representing the initial owner when the title deed was created. The type of title deed is shown in the top right corner.
TITLE DEED NUMBER FOR A CHANOTTE IN THAILAND
I have hidden the title deed number and the first owner’s details for privacy, as title deeds are semi-public. Lawyers can search for and obtain copies with a valid reason, such as a lawsuit, divorce, or property auction.
If you see “S.P.K.,” on top right, be cautious. It stands for Sor Por Kor, and these title deeds cannot be purchased. Foreigners should never buy or build on a Sor Por Kor. I rather have a Por Bor Tor, which is agricultural land and the owner is the government. These are common in rural areas and the title deed is very different.
Only Some Title Deeds are at the Land Department
It’s a common misconception that all title deeds are stored at the Land Department. Only title deeds like Nor Sor 3 and higher (Nor Sor 4 Jor or NS3K, etc.) are kept there. Sor Por Kor has its own office, while Por Bor Tor title deeds are kept at the amphur or tessaban, recorded in large books rather than computers, where tax receipts are also found. It is extremely difficult to search Por Bor Tor and there are different kinds. I have seen once a Por Bor Tor 6 or 8, it was land of the army near Khon Kaen. I also have seen very old Nor Sor Sam in Bangkok older than 100 years old. It’s impressive.
Below the first owner’s details, you will find the size of the land listed in Rai, Ngan, and Talang Wah. For example, 1-2-32 means 1 Rai, 2 Ngan, and 32 Talang Wah. The date the title deed was issued is noted beneath the plot description. Some title deeds also indicate if the parcel was derived from a previous deed, which is uncommon. The province, district, sub-district, and land department numbers, such as the cadastral map, book, and page, are also included on both sides at the top. So when you see a title deed, you know which province and which land department.
The second picture shows the back of a title deed, not the same one. I’ve also concealed names for privacy, although showing a title deed generally doesn’t violate privacy rights. The back resembles a table, documenting the chain of possession. The first column is the date, the second describes the action taken, and the third and fourth columns list the transferor and transferee, respectively. For instance, in a sale, the seller is in the third column and the buyer in the fourth. The subsequent columns show the land size, with numbers in Thai or regular numerals, followed by the Land Department’s seal to confirm the official transaction.
EXAMPLE OF THE BACK OF A TITLE DEED
In this example, you can see entries for purchase (Kay), mortgage (Jam Nong), or gift (Hai). When registering a lease, it will state “Chao Tee Din” (lease of land), while a usufruct is noted as “See Tee Kep Kin.” Superficies are “See Tee Nua Tee Din”.
Foreigner’s names can appear on title deeds, usually not as owners (though possible under certain exceptions) but often as usufructuary, lessee, mortgagee, superficiary or holders of other rights.
The most intriguing title deed for me is the new one with a blue Garuda, allowing foreigners to own a full property for 30 years, with a possible renewal for another 30 years, known as “Sap Ing Sith.” Our law firm has registered more than four such deeds, and each time, the Land Department had never encountered one before. Some people will say it’s only temporary, but you do not have a lessor. You can mortgage your property or sell your sap ing sith without anyone’s consent.
A Chanotte is a crucial document. If lost, the owner can request a new copy 30 days after filing a police report. Chanottes are often used as security for loans, but this is not very secure. Banks typically register a mortgage instead. Fees for registering a usufruct (1.5% of the value, often done for free so 0 for taxes), a lease (1.1% of the total lease), a mortgage (1%, usually reduced until year-end to half), a Sap Ing Sith (2%), and superficies or servitudes (both believed to be 1.5% of the contract value) are varied and complex.