Land Titles

To facilitate clients' renew of investment opportunities, we have assembled the following information regarding land titles. We believe our sources to be accurate, however as we are not lawyers we highly recommend to all potential purchasers to consult their own attorney before making an investment decision.

The following six land titles can be found in Koh Phangan: Chanote, Nor Sor Sam Gor (Nor Sor 3 Gor), Nor Sor Sam (Nor Sor 3), Sor Kor Nung (Sor Kor 1) and Por Bor Tor Ha (Por Bor Tor 5). We, and most foreign publications, recommend that foreign investors limit themselves to the top two or three of the titles listed herein.

Land Titles by Order of Seniority

Chanote (Nor Sor 4 Jor)	This is a true title deed. Chanott titles are issued by the local provincial office of the Thai Land Department. The land is accurately surveyed, plotted in relation to a national survey grid and also marked by unique numbered posts set in the ground. It is the long term goal of the Land Department that all land in Thailand be covered under the Chanott title system, however given current allocated resources the upgrading process is likely to take several decades to complete.
Nor Sor Sam Gor (Nor Sor 3 Gor)	Strictly speaking these are "land exploration testimonial deeds", but for practical purposes they are land title deeds, as clear records of ownership are maintained, and the land described therein may be leased, sold, or mortgaged. These documents are issued by the local district office of the Thai Land Department. The plots in question are fairly accurately surveyed, with each plot cross-referenced to a master survey of the area and a corresponding aerial photograph.
Nor Sor Sam (Nor Sor 3)	An older variant of Nor Sor Sam Gor. It is required that 30 days public notice be given before any change of status of the land can be registered. Otherwise similar legal rights as Nor Sor Sam Gor, but the land is generally less accurately surveyed with boundaries recorded only in reference to neighboring plots. Survey errors can be material.
Sor Kor Nung (Sor Kor 1)	A notification form of possessed land. There is a certificate to show possession of the land, but the certificate does not imply that there are any rights associated with the possession. The certificate is not transferable, but a person may transfer physical possession of the land and the new possessor may apply for a new certificate. This is an inferior title which commands lower prices than equivalent land bearing the previous three titles. However, depending on circumstances, there may be established rights and procedures for upgrading Sor Kor Nung land to Nor Sor Sam Gor land, making such parcels potentially interesting to investors that are accepting of greater risk, although the process can be time consuming and requires local involvement. This type of titled land is somewhat uncommon in Koh Phangan.
Por Bor Tor Ha (Por Bor Tor 5)	Forms of squatters or settlers claims that have been filed with the local district land office of the Thai Land Department on which a small fee has been paid. It is not possible to register a sale or lease over these land rights, nor will a bank accept them as collateral, and one cannot obtain approval to build on such land. Ability to obtain title upgrades for such land is highly uncertain and in many situations is not feasible. The steps involved in pursuing an application are daunting, the timing requirements are lengthy and approval is discretionary. These lands are not recommended to anyone without the best of connections and the ability to accept risk.

Legal Support

To help our buying clients achieve smooth transaction execution, we help ensure that land titles are clear of encumbrances, that we are dealing with the actual owners, and that the land is not located on park land. At the end of each sale we help change the land registration title to the new owner's name. We work with both the leading law firms of Koh Phangan and of Koh Samui. The former provide very responsive turn around times, at highly competitive rates. The latter provide the additional comfort that comes from dealing with larger, better established, professional law firms.