As a foreigner, whenever you talk about buying land in Thailand, some smart Alec pops up and says, “You can’t own land in Thailand, so ner”!
While this is sort of true, the law doesn’t restrict foreigners from owning land in all instances, which we’ll discuss in a moment.
Aside from that, however, I assume that you are reading this post on that basis that your partner is buying land and you want to know the ins and outs so that she/he doesn’t get ripped off or make a mistake.
Or, perhaps, as a married couple, you are considering buying land in your partner's name to build a house for your retirement.
Whatever the case, it’s important to know what you’re getting yourself into. And believe me, there’s a lot to know – so grab a coffee for this one.
Contents
Why Should I Take Advice From You?
Good question.
Well, I’ve played witness to my wife’s family buying and selling a number of pieces of land, and been the token “farang” at the local government office when my wife has been doing the paperwork on numerous occasions.
Because it’s my duty to provide information on Thailand here on TTL, when I’m in these situations, I make sure I stick my nose in and learn what there is to know.
My Thai isn’t too bad either, which means, unfortunately for me, that I understand a lot of the gossip between family and neighbours regarding land disputes: who paid what for what and why they had to sell. Yawn…
Can Foreigners Own Land in Thailand?
Foreigners can’t own land in Thailand.
However, a Thai registered company can own the land, and a foreigner can open a company if they meet the requirements. It's a pretty complicated setup, though, and you will need a competent lawyer to make sure the contract is water tight.
+ Full details on company setups here
In addition, a foreigner married to a Thai national CAN own land in Thailand.
What?! So all those Thai Visa members are wrong?
Well, yes and no. Check out the legal restrictions below:
- As the non-Thai spouse, you need to state that you have no rights over the land; effectively waiving your rights to claim the property.
- The property, though purchased by you, cannot be in your name but will have to be in the name of the Thai spouse.
- The married couple may be asked to sign declarations at the Land Department stating that the funds used are the separate property of the Thai spouse.
- Problems may still arise during a divorce case. Proving that the land is marital property will be difficult.
So you can own it, but you have no rights to it when married or in the case of a divorce.
It’s a strange piece of legislation, which, by the way, was created so as to avoid discrimination against the non-Thai spouse. It didn’t really achieve its goal.
Leasing
One option you have is leasing. Land can be leased to you on a 30-year rolling basis.
For example, your wife could buy a piece of land and lease it to you for 30 years.
You can build a house on this land and live in it, but you’ll never own the land the house is built on. And, when the lease is up, you could be evicted.
+ Full details on leasing land here
So unless you buy land through your Thai company, when your partner says, “Let’s buy this piece of land”, it really means ,“Let’s buy this piece of land for me”.
Now that’s clear, let’s move on.
Land Deed Types & Making Sure the Sale Is Legitimate
Before you (your partner) rush into buying a piece of land, the first question you must ask is what type deed the land has. In short, anything other than a Chanote should be avoided.
Moreover, find out who has the Chanote and make sure it is in the seller’s full ownership and not registered against any loan, usufruct or mortgage, or being held by a loan shark against a gambling debt.
This might sound like scaremongering, but considering the average Thai household debt stands at 248,000 Baht, and the prevalence of black market loans and gambling, you’ll find that this is more common than you think.
There are four types of land ownership/possession in Thailand:
1. Freehold Title Deed (Chanote Or Nor Sor 4)
This type of title grants the holder of this document full rights over the land, to deal with or to use it to the exclusion of others.
Thus, if you're planning to buy land in Thailand, this type of title deed is the best and most useful title deed to hold.
2. Nor Sor 3 Gor
A land ‘awaiting' a full title deed is granted the document Nor Sor 3 Kor, as follows:
- The land is measured by the Land Department; therefore it has exact boundaries.
- This type of land may be sold, transferred, or mortgaged in the same manner as land with a freehold title deed (Chanote), as long as it is ready to be a full title deed.
- In order to change the title to a Chanote, the owner of the land may file a petition to the Land Department to file a request to change it to a full title deed (Chanote), and the Land Department may do so if there is no opposition made against the petition.
3. Nor Sor 3
The difference between this type of land title deed and the Nor Sor 3 Gor is that land with a Nor Sor 3 title has never been measured by the Land Department; hence the land has no exact boundaries.
The Nor Sor 3 title may later be switched to a Nor Sor 3 Gor, and can subsequently be transformed to a freehold title deed (Chanote) in the future.
4. Possessory Right
This type of title deed is least recommended. A land with a possessory right has never been substantiated by the Land Department and is only recognized by tax payments at the Local Administrative Office.
Reference Source: Siam Legal
A lot of dwellings in Thailand are built on land that has no deed and belongs to the state. This land can be taken taken back and developed at any time.
How Much Should You Pay Per Rai?
How long is a piece of string?
That’s an annoying answer, I know. But land in Thailand sells for whatever someone is prepared to pay for it.
Generally, sellers start out asking way over the odds.
The hope is that someone is really desperate to buy, like a foreigner’s wife who wants him to build a huge house to make all the neighbours jealous.
One key thing to remember is that average Thais generally don’t have access to cash. Most are in debt up to their eyeballs.
Even the teachers and government workers who are able to borrow money from the bank to build a big home and buy a nice car would have to negotiate a further loan to buy more land.
So in most instances land doesn’t sell immediately, at least not average farmland, which I’ll expand on in a minute.
The more desperate a person is to sell the quicker the price will drop.
The land sharks know this.
By land sharks, I mean the few rich, local families who wait for poor folk to gamble and drink away their nest egg and get so desperate that they have to sell the one piece of land supporting their existence.
That being said, there are many stubborn sellers, who won't budge on a price that is way out of touch with similar plots sold in recent times. Some sellers will hold out for years until they get the price they want, or stop being stubborn.
You will quickly find that the economy of selling land in Thailand makes little sense at times.
Why Rural Land Is a Good Investment
Buying up rural land has become a common trend amongst the middle classes of Bangkok. This is causing land in many provinces to shoot up.
Scared by the rumours that much of Bangkok will be under water in 50-75 years, they are sharking for land near the big cities of Isaan: the likes of Korat, Khon Kaen and Udon Thani – because it's generally cheaper than the rural south and doesn't suffer the same level of crop burning pollution as the north.
They know this land will sky rocket in price in years to come, with these local economies already thriving and many industries choosing to locate to these areas for cheaper labour and in anticipation of improved transport links.
Moreover, with the threat of pandemics and food shortages, it's prudent to be as self-sufficient as possible. Owning land means you can grow your own food.
Strange, isn't it: it's almost like we're gradually returning to the soil, away from the reliance on city living and technology.
Anyway, in short, as a foreigner, if you're present when your partner is negotiating a price on land, don’t act overly interested, and certainly don’t feel pressured to show your wealth (face) in any way.
Make your enquiry, politely state what you are prepared to pay, and say thank you. You can always leave your phone number with the seller, in case they want to sell at the price you want to pay.
Don't buy in too fast or you'll pay top whack. However, there's a caveat to that…
But What About Land That Is a Bargain?
In this instance, ignore what I just wrote.
What you pay and how quickly depends on the type of land. Some land needs to be bought quickly for the asking price.
For example, 10 years ago a perfect square rai of land became available in my wife’s road for 150k. It sold on the day for the asking price. It was a race to see who could get to the bank first and secure the deal.
It was perfect land to build a house on, already filled in with soil and fenced off, in a well developed road with access to electricity and water, off the main road and opposite a Tesco.
The owner needed the cash badly to pay a debt. This land is worth 400k+ now, easily.
In a situation like that, one shouldn’t hesitate. Trying to knock an opportunity like that down to 100k, or even 140k, is a waste of time.
The competition for the buy is high and the opportunity is an absolute steal. Don’t wait through stubbornness.
Moreover, land is worth what it's worth to you. If the price is within budget, the location is right, the size adequate, and the availability of similar land is low, then go for it.
You will always get other foreigners saying that you paid too much. That's life.
Estimating What Land Is Worth
Since first writing this article the price of land has gone through the roof.
But the fact still remains that there are so many variables that it makes it complicated to say what one should pay.
For instance, beachfront land in Koh Samui is going to be worth a hell of a lot more than farmland in an Isaan village 50km from the nearest Big C.
One key variable you need to understand is the difference between house-building land and rice-farming land.
Farmland tends not to have proper road access, a piped water supply or electricity.
House-building land should have all these things.
Farmland can also be prone to flooding. House-building land should not!
But let’s take that village, far away from the town centre, as an example.
Farmland there might go for anywhere between 100-150k per rai. In a moo baan, near a main road, close to the town centre and shops, etc., farmland might go for 200-300k per rai +.
House-building land in the said village might go for between 300-500k per rai.
In a well-developed village, with proper roads, near the main road, close to the town centre, close to Big C/Tesco, etc., a rai might go from anywhere between 700k-2MB+
If it’s on the main road with commercial potential (for a shop or other business), you could easily be looking at 3MB+. Of course, this all depends on the area of the country, the province and its proximity to an airport and transport links.
These are rough estimates, though. It really depends on the location and the market conditions.
Also bear in mind that the prices you see on property websites are way over inflated. A lot of land isn't advertised online and is sold locally on handshake deals.
Transfer Fees, Taxes & Inflated Prices
While no one wants to pay over the odds for a piece of land, no one wants others to know that they bought the land cheaply, either. This is because it devalues their purchase and potential resale price.
This is why the price of land in Thailand is always grossly distorted by gossip.
People spread rumours about how much someone paid, or how much someone is asking, which artificially inflates the local economy and often causes people to pay over the odds.
But rumour matters not when it comes to the land transfer fee.
Oh yes! You need to consider this extra little sting in your pocket when buying land.
Selling/buying land in Thailand is subject to a transfer fee and, if applicable, a specific business tax.
If you are involved in a private buy, you will probably share the 2% transfer tax with the seller.
Now, before you consider declaring a lower price than you bought the land for in order to pay less tax; this little trick won’t work.
The land office has a land price index to work from. This index lists the true price of land for each area, and regardless of the amount you declare, you will still pay the required fee on the indexed price.
The transfer fee actually helps you determine how much a piece of land is worth; because you pay the fee relative to the true value of the land.
So let’s say you pay 100k for a piece of land which is only worth 50k, you’ll soon find this out when the officer looks up the land value and charges you the appropriate fee.
So in theory, to find out how much a piece of land is really worth before putting in an offer, one could just go to the local government office and ask!
Strangely, no one ever does this.
Of course, some officers might be reluctant to give the information to a foreigner, but if your partner goes to the office or gives them a ring to ask what the average piece of land is going for in a certain area, they can give an answer.
At the very least this gives you an idea of whether the land you are interested in is overpriced, and also a ballpark figure of what you should be paying.
That said, the seller probably won’t care what figure you have in mind, because, as I said at the beginning of this post, land goes for whatever a buyer is prepared to pay.
You can also find out what a recently purchased piece of land is worth by asking the buyer how much tax they paid, though this a fairly personal question and perhaps overstepping the mark.
One thing is for sure, you (your partner) will know what your land is worth when the land officer tells you how much transfer tax you have to pay. At this point you might need a sick bag.
Here’s a breakdown of land transfer fees/taxes in Thailand:
Transfer Fee:
This is the percentage fee of the appraised value of the property being transferred.
The transfer fees in Thailand for property is 2% of the property value. The Transfer duty on the property is either shared between the buyer and the seller which is common or it is paid by the buyer.
Business Tax:
The business tax payable over the property is 3.3% of either the sale price of the property or the appraised price of the property. In Western terms it is either the sale price or the municipal value of the property which ever is the higher of the two.
Speak to your attorney about who will pay the business tax on the transaction. Note that this tax consists of 3% Business Tax + a Municipal Tax of 10% assessed on the amount of the specific business tax (total tax 3.3%)
Stamp Duty:
The stamp duty in Thailand for the transaction is 0,5% of the sale price of the property. The seller in the transaction normally pays for the Stamp Duty in Thailand.
Note that if Specific Business Tax then the Stamp Duty is not payable. It is one or the other which gets paid.
Withholding Tax:
This tax will vary according to who the seller is being either a person or a company. If the seller is a company then the withholding tax is fixed at 1% over the registered sale value or appraised value (whichever is higher). If, however, the seller is a private person, withholding tax is calculated at a progressive rate based on the appraised value of the property.
Be careful buying farmland. Some agricultural land cannot be built upon. If it can, it may be expensive to convert and may not have access to the public water system or electricity.
Foreign Spouse Consent to Purchase
If you are married to your Thai partner, she most likely has taken your last name. This will be noted by the land office when she wants to do the exchange.
In this case there is a legal requirement that requires the foreign spouse (that's you) to sign a consent letter and acknowledgment that the land is the personal property of your wife, and that the money used to purchase the land is her personal money and not yours.
This is to distinguish between marital property and personal property. The land purchase will be the personal property of your wife.
In this case, you won't have any claim in a court of law to say that you funded the purchase and therefore have a marital claim.
The consent letter must be signed at the land office or at a Thai Embassy only.
This is a pain, especially if you're not in the country and your wife is handling the purchase. But do all land offices adhere to this requirement? I'm not convinced.
I wasn't asked to sign anything the last time my wife purchased some land. But perhaps that was because she purchased from a relative and the land wasn't very expensive. Anyway, this is Thailand, and the rules may vary from district to district.
12 Must-Ask Questions Before Buying Land in Thailand
Okay, I’ve waffled on and there’s a lot to digest, but I hope it’s all of use to you.
In this last section, I’ll summarise what I’ve covered in a list of questions that you should ask before you/your partner consider purchasing land:
- Has the land got a Chanote (land deed). Read over the Chanote info section above if you missed it and don’t buy land unless it has a Chanote.
- Is this land “owed” to someone else? People lose land deeds in card games every day in Thailand. Don’t get yourself into a pickle by buying land that has already been virtually seized in a card game by some mafia-type bloke. This is a sure way to lose your money and attract the wrong company.
- How long has the land been for sale? More than a few months? It’s probably overpriced. Negotiate hard.
- How desperate is the owner to sell? Is he/she a gambler or drinker? In debt to a loan shark? Cash is king here. You will land a good deal. I’m not advocating taking advantage of people, but hey, I didn’t create this money system.
- Is the land near a main road?
- Is there access to electricity?
- Is there access to water?
- Is the land next to a river? If so, the land may flood in the rainy season. Check with neighbours and official sources. Rivers and lakes attract a lot of mosquitos, too. Bear that in mind.
- Is it rice-farming land adjacent to other land of the same? If so, consider that even if you convert this to build a house on, other famers might not be too chuffed about it and may oppose your decision and cause you problems. Discuss with the poo-yai-baan first.
- Is the land filled in with soil? So many people make this mistake. If the land needs soil because it’s in a dip and not levelled to the road, the cost of this could equal, and in some cases be double, what you pay for the land. Try to buy land that needs minimal soil filling.
- Are you being played on the price? Like an auction, interest drives up the price. If your partner is being told that so-and-so down the road is going to buy it if you don’t, be proactive and find out whether this is gaming or real interest. Get your partner to ask the said party if they are really interested. The way to handle this is to make out that you are being courteous and don’t want to step on their toes. Essentially, you are saying that you won’t buy it if they had first dibs. In most cases you’ll find the interest was nothing more than hearsay. Once this has been determined, you will find yourself in a much better bargaining position.
- Who is paying the fees? As previously mentioned, transfer tax is usually split between buyer and seller, but some, seeing your “farang face” alongside your partner, might try to off load this onto you/your partner. Always push for the seller to pick up the fees, and never swallow these in your own pocket.
In Summary
Personally, I have no desire to buy land in Thailand. I do love growing veg, so the idea of having a small fruit and veg farm is a fantasy of mine.
That said, the heat here puts me off that idea, along with the fact that sitting on a beach will be a more appealing lifestyle when I'm 70.
My wife has a few pieces of land and, if she wants more, she's welcome to the headache. I’m more than happy to sit in the car park with the air con on typing a new post for this blog while she sweats it out in the land office queue.
Honestly, it always seems like such a long, stressful process. They still do most of the admin using pen and paper and huge log books. It’s like an insurance company operation from the 1970s.
But that's me. I know there are plenty of foreigners who love seeking out plots and funding land purchases for their partners.
My advice is this: If you want to help your partner buy land (financially), consider it a gift, not an investment of any kind.
You might get to live on the land, in a house you built, but you can never own it, despite that strange marriage rule that says you can, sort of, but not really. More on that here.
Go slowly, don’t rush in. Follow the advice set out above and don’t let anyone force your hand.
Anyway, I’ll end on this note: I once heard someone say that the key to happiness in Thailand is to rent everything and own nothing. There’s certainly a lot of good to be said for keeping things simple, that’s for sure.
As always, leave your experiences, questions and insults for me in the comments section below.
——
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Last Updated on
Tommy says
Anyway, I'll still go there with her and let's see how they handle things over there. I was a little bit nervous about signing some documents that I cannot fully understand even though I can read thai rather well, but perhaps not under pressure in a government office...
I was very happy to stumble upon this in your latest newsletter today, the stress is gone! Thanks Peter!
May 25, 2022 at 1:02 pm
TheThailandLife says
May 25, 2022 at 4:30 pm
Richard A says
My wife and I have fallen into one of the land law's unexpected traps triggered by an unusual situation.
We bought a plot of land that had been in my wife's family for more than 100 years. It was owned by my wife's sister. The sister failed to tell us that the land had been pledged as part of her assets guaranteeing a loan for a friend of hers. The lien had never been registered on the title. The friend defaulted on the loan. The lender foreclosed on my sister-in-law's assets, including the land, and took the title before my wife tried to register the land. (Partly our fault, because as with many Thais, my wife is notoriously lackadaisical about formalizing legal documents, especially among family and friends.) The lender turned the title over to the provincial land office to be sold at auction.
My wife was able to buy the land at auction. I was aware of both the Consent Letter and Acknowledgement requirement and the probable need for an affidavit that the funds used were from my wife's money. My wife got all the necessary documents from the provincial land office after the auction. When she tried to register the title in her name, she was told that there is a specific provision in law prohibiting a Thai married to a foreigner from owning land bought in a government land auction. The Consent Letter and affidavit had no relevance to that law and would not be accepted.
My wife called the provincial land office to see if the auction purchase could be voided. She was told that the land office had not yet sent the money to the lender, but had notified the lender of the sale. As a result, the auction purchase cannot be voided. My wife had to file a claim with the regional land office in an adjoining province and must go to court to argue for return of the funds.
What her lawyer has told her is that most likely the auction purchase will be voided, but the funds won't be returned. Instead, the land will be put up for auction again, which could take as long as two years to occur. At that time, we will be refunded the lower of the 2nd auction price or the amount that my wife paid in the first auction.
In order to get the land, we will have to arrange for one of my wife's Thai friends or family members who is not married to a foreigner to buy the land at auction. Then, after the title is registered in the other person's name, my wife can buy the land from that person. Because we want to combine that adjoining land with the land for our house, we will have to pay the auction price, but will only get back at most the amount that my wife previously paid. Effectively, because of the total lack of awareness and consideration of legal issues by my wife and her sister, I will end up having paid at least twice for the land, possibly much more than that if the next auction price is higher than the first auction price. We won't get the full payment back, because the first auction did not completely cover my sister-in-law's liability to the lender. So any amount higher than the first auction price will go to the lender instead of being refunded to us.
For anyone considering buy land at government land auctions, I was surprised at how great the deals are on many properties being auctioned. Especially up-country where there are likely to be fewer bidders than for city or suburban properties. However, the process is a huge trap completely surrounded by a legal minefield for any foreigner who thinks they are going to get wealthy by having their Thai spouse buy up land at auctions.
May 25, 2022 at 9:34 am
TheThailandLife says
May 25, 2022 at 4:21 pm
Richard A says
But it is a huge pain in the butt, considering that I was with my wife when she bought it at the auction at the provincial land office and no one mentioned any problems at the time.
May 25, 2022 at 6:19 pm
Ravi says
With respect to Leasing land, being a maximum of 30 years, would this entail a reduced sale price? Ie if full sale price is 2M bhat then would the lease price for 30 years be say 700k bhat.
Feb 09, 2021 at 8:48 pm
TheThailandLife says
Feb 10, 2021 at 1:52 am
Tim Mullin says
I get the can't-own-land thing, but what about a new home, just completed by a local developer? Is the 'land' issue reduced simply to trusting your fiancee with the 30 year leasehold, while the Farang owns the bricks'n'mortar...?
Or do we not even get to own that, either?
Your sage words would be greatly appreciated, thank you!
Jan 12, 2021 at 10:51 pm
TheThailandLife says
Jan 12, 2021 at 11:09 pm
Tim Mullin says
So the property would be in my name, but on a leasehold basis?
thus ensuring that I don't ever technically 'own' it but to all intents and purposes have the rights to it (as long as I'm alive or for the life of the lease)?
Khop khun khap - and also thanks for your excellent advice on UK visa for Thai GF and the marriage process!
Tim.
Jan 13, 2021 at 4:47 pm
TheThailandLife says
Jan 13, 2021 at 6:10 pm
Russell Payne says
I am in the UK and would like to hire you.
Son is married tp Thai lady and lives in Thailand with land and business owned by his wife (oviously).
Relationship has fallen apart and now very interested in this idea of leasing the land from her for 30 years.
You are obviously th guy with the necessary knowledge and we would be keen to hire you.
Hope youmight be available
Mar 10, 2022 at 8:38 pm
TheThailandLife says
Mar 10, 2022 at 9:17 pm
Hugh says
I've just read your posting and saw your comments to Pete ref. your g.f and trying for a U.K marriage visa.
I've just successfully got my Thai g.f & our 2 son's to U.K last New Years eve.
It was a long drawn out process, in some parts due to the both governments and the response to Covid etc.
I had to use a solicitor in the end but the visa application was a success.
If you want to contact me and discuss my / your spouse visa application "trip" please do.
There's more to it than just applying. Proof of English speaking, your income, T.B certificate, etc
Regards,
Hugh.
Jan 14, 2021 at 6:42 pm
Tim Mullin says
How would I contact you directly, without giving your email out on an open space like this?
Thanks again - and to Peter for providing this forum!
Tim.
Jan 15, 2021 at 5:05 pm
TheThailandLife says
Jan 16, 2021 at 12:49 am
Tim Mullin says
Thanks Peter and Hugh - yes, I'd like you to pass my email address to Hugh, please Peter?
Thanks :)
Jan 18, 2021 at 6:33 pm
TheThailandLife says
Jan 19, 2021 at 7:54 pm
Hugh says
Thanks Peter, I've got your reply etc.
Arsenal on the UP.
3.0 against a relegated side. Ozil gone.
But Pride before a Fall.
Jan 19, 2021 at 8:08 pm
TheThailandLife says
Jan 19, 2021 at 9:05 pm
Tim Mullin says
Understood, Peter, kop khun khap!
Jan 20, 2021 at 10:28 pm
Hugh says
i'm glad I can possibly be of help.
I think we'd need to go via Peter to exchange personal details etc and not display those details here.
He's an arsenal fan so I don't know if he'd be O.K about that.
The solicitor I used charged £1500 just to submit the application. Then the application fee is another £1560+ (pass or fail).
The solicitor has moved to another company of Immigration solicitors so I don't know what she charges now, but I have her new details.
Your Income is £18,600+ for G.F Any British Kids are free of fees.
During / After the 6 months of the spouse visa, you then need to apply for another visa, the "right to remain" visa, valid for 2 & 1/2 years.
That's another solicitor fee, another visa fee + NHS fee of £1200.
Sending extra documents with no real relevance won't add a jot to being more successful. Probably have the reverse effect tbh.
They just want to know the real side of your story like who's going to pay for it when it all goes t*ts up.
My G.F was able to get all the extra stuff, i.e T.B cert & English exam from Bona Fide U.K acceptable outlets across Bangkok.
I don't know if Chang Mai / Rai can offer the same.
Try to sweet talk Peter into passing you my e.mail address if you need to know anything more. Not a problem for me.
FaceBook perhaps?
Hugh
Jan 17, 2021 at 10:56 pm
Tim says
Mar 20, 2022 at 11:30 am
Davide says
Best Regards.
Sep 20, 2020 at 6:33 pm
TheThailandLife says
Sep 21, 2020 at 4:17 pm
Nigel says
Aug 04, 2020 at 7:19 pm
TheThailandLife says
Aug 04, 2020 at 7:31 pm
Nigel says
Aug 04, 2020 at 7:41 pm
TheThailandLife says
Aug 04, 2020 at 7:48 pm
Sandie Salt says
Jan 07, 2020 at 6:02 pm
TheThailandLife says
Jan 08, 2020 at 3:47 am
Farang ATM says
Aug 20, 2019 at 8:54 am
Kev says
Jul 23, 2019 at 7:17 pm
TheThailandLife says
Jul 23, 2019 at 7:44 pm
May says
Nov 18, 2019 at 10:22 pm
Scott Maxwell says
Jun 09, 2020 at 7:53 pm
Holly says
Aug 23, 2020 at 5:10 pm
TheThailandLife says
Aug 24, 2020 at 1:02 am
Phill says
Thanks for your informative article.
Just wondering if you have any advice or knowledge on this ....
My thai partners parents have a rural farm and to my knowledge they do not have proper title.... as do many of the families in rural villages in Thailand.
Since the military government got in they live in fear of loosing there land where they grow there rice etc etc for a living.
From my information the land purchases in these areas are all done via the head in the village... probably with kick backs no doubt.
There seems to be never ending village meetings about the land use and what they should.... so one day the government may grant them proper title on there land.
Just recently my partner said she sent some money to her parents ( as she always does and we live 100kms from there) but this time it was for them to buy a few hundred mango and coconut trees to plant on the land.
Obviously I asked why.... response was that her parents were told by the ranger there that if they planted trees they would be seen on the satellite images of the area and that might help them in the future to gain title to the land.
Other villages are now doing the same.
I of course couldn’t see how this was going to make a difference and what right has some ranger got to further put fear into these people as it seems to be an on going thing.
I am not sure what the future holds for these poor farms to obtain proper titles as the news of such has dried up....if the Thais cant get proper answers what chance has a farlang got.
Your thoughts
Jun 23, 2019 at 9:05 am
TheThailandLife says
If your girlfriend's parents have been issued a tax number and have made tax payments from earnings earned from farming this land then they may be entitled to a possessory right deed. Even though these rights do not entitle them to full ownership of the land it does give them formal notification that they are in possession of the land for a particular purpose.
The problem is that there are hundreds of thousands of people in Thailand in the same position and buy and large people just live out their lives without any hassle or doing anything about it. This is because in times past families simply occupied bits of lands and the community decided on the boundaries. But as Thailand has developed and rural areas have become thriving towns, families come up against local development plans - usually to build roads through certain areas of land - which ultimately displaces people.
It's a double-edged sword really, because the most sensible thing to do is to seek legal advice to determine the exact legal status of the land. A lawyer would also be able to advise you on the steps required to make a legal application for some form of ownership, which is certainly possible. However, this requires money. Most Thais who are in this position are usually un ueducated and somewhat fearful and anxious of dealing with a lawyer and the bureaucracy that lay ahead.
On the other side, going down this route may open a box that is better left shut, because you will essentially be notifying the land office that you are living on land that you don't legally have a right to. But then you also live with the fear that one day you may simply be kicked off the land anyway.
What can happen is that a fairly wealthy person in a particular village will end up doing a deal with local government and the land office to buy a large piece of land in the village and obtain an official deed, which ultimately displaces a number of neighbours who don't have a right to be on the land.
The fact that her parents are growing trees or vegetables on the land would only make a difference if they are paying tax on the money they are earning from the sale of that food - because this would enable them to get the aforementioned possessory right. I quote: A land with a possessory right has never been substantiated by the Land Department, and is only recognized by tax payments at the Local Administrative Office.
The problem is that many people never register for tax, and wouldn't want to. But I would argue that this is the sensible thing to do because it legitimizes your use of the land and gives you some claim on the land, albeit a weak one. It might also prove to be a stepping stone to some form of deed in the future.
Without truly knowing what the status of land is in this particular village I can't really speculate further.
Jun 24, 2019 at 2:41 am
AndyPat says
Jun 24, 2019 at 1:24 pm