Did you know that foreigners can legally own property in Thailand?
Here is a guide to land titles in Hua Hin
They cannot own the land though, so before buying property in Hua Hin or Thailand in general, it is a good idea to know the difference between the land titles that are used here. There are certain legal rights to land such as usufructs, leases, habitation and mortgages which can also be in the title deed. So it is your benefit to be aware of the different land titles in Thailand in order to understand what you are buying exactly and to avoid any ownership issues after the purchase. The only land titles to look for and the only deeds of which a true right of ownership can exist and allows for the land to be sold, leased or used as collateral for a mortgage are Chanote, Nor Sor Sam and Nor Sor Sam Kor.
Large parts of land in the surrounding Hua Hin area and in Thailand do not have an official status or title. They have never been properly registered with the land office and have never been confirmed for private use. Land plots like this cannot be officially sold or leased as it may be considered government land or land set aside for farming or agriculture, especially in the more rural areas around Hua Hin and upcountry Thailand.
The Different Chanote land titles in Thailand
Nor Sor 4 Jor (Chanote)
The most highly recommended for ownership and the most recognised and strongest legal title in Hua Hin and Thailand is the A Nor Sor 4 Jor (NSJ4) or most commonly known as a Chanote and is the only title deed which gives full and certified private ownership of land. Land with a full Chanote title has been accurately surveyed in accordance to a national survey grid and plotted with GPS coordinates. Numbered posts are also set into the land as a guide for the dimensions and land boundaries.
Nor Sor Sam land titles in Hua Hin and Thailand
Nor Sor Sam Gor
While not being a full ownership title, a Nor Sor Sam Gor does give legal right to the land plot. This is a legally recognised title and can be used as legal document or evidence if there is a dispute over ownership of the land. A Nor Sor Sam Gor title can be sold, mortgaged or transferred. Upgrading to a Chanote title is possible also but the land needs to be accurately measured by the local land office which will include official markers being inserted into the land and there cannot be any opposition or interference to the proposed upgrade to a chanote title.
Nor Sor Sam
Nor Sor Sam titles usually have not been accurately measured by the land office and therefore do not have true and recognised boundaries. Where this land title could be problematic is that boundary markers inserted on this type of land plot would have been put there by the owners of the land, rather than by officials from the Land Department, causing problems if there were a dispute over the size of the land and the boundaries. However, these titles can be upgraded to a Nor Sor Sam Gor.
Nor Sor Song
A Nor Sor Song title is a temporary certificate or letter of consent which gives permission to occupy a block of land for a set time. It is handed out by the Land Department and normally indicates that the holder must occupy the land within 6 months of receiving the letter of consent and is usually valid for up to 3 years. A land plot with a Nor Sor Song can not be sold or leased but can be inherited.
Sor Kor Nung
Sor Kor Nung land titles have very little actual legal rights but are rather a notification of possession of a plot of land. Usually, this type of land title is for farming land and is more common in rural areas of Hua Hin and Thailand. In certain situations and depending on location, the title may be upgraded to Nor Sor Sam, Gor or Chanote but only with court approval.
Remember, before buying any property or land in Hua Hin always consult an independent lawyer to be certain that you are not getting into anything that you are not fully aware of and there are no unseen pitfalls with regards to your purchase in Hua Hin before you make any kind of long term commitment.