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BANGKOK 21 June 2019 06:06

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Hi,

I'm trying to sell my land.

I have the Chanote which details my land plot with 2 neighbors plots.

Ive just been told that to sell the land I will need an updated Chanote that shows just my plot...no neighbors.

I'm very dubious about this ....whats the real deal ?

 

 

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well for a start, unless you are Thai, it's not your land, or your Chanote. So who's name is on it? A Chanote is a legal document, it doesn't have other versions, so not sure what the query is. Sounds like you are talking about a separate Land Registry document, which shows the boundaries of adjacent properties,  rather than the legal ownership document, the Chanote. Then there Chanotes that my wife and I hold are all in her name, or in the name of our jointly owned Company.

 

Others may have a better take on this than me. 

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Is the title document a chanote (Nor Sor 4), or is it a Nor Sor 3 Gor, or a Nor Sor 3?

 

There are different levels of title deed, with a chanote being the strongest claim to ownership, and other title deeds having slightly less certain claims to ownership.

 

For example, with an NS3 title deed there is probably no dispute who the owner is, however the exact boundary of the land will be subject to change after a Land Office survey. Such a survey can add or take away a small quantity of land from the title deed once laser measuring tools are used.

 

Often it's not the small variation on the title deed which is a problem; the problem might be that your boundary fence now sits 20 centimeters on your neighbours land. In extreme cases it can mean a part of your building is now situated on your neighbours (newly granted) property.

 

As a result of these uncertainties some buyers will not touch anything that is not an NS4 chanote. They simply don't want to buy a headache when there are better options.

 

Some people will buy land with NS3 and NS3G title deeds though. You don't have to upgrade your title, and you don't need a new survey. It's not a must.

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20 hours ago, blackcab said:

Is the title document a chanote (Nor Sor 4), or is it a Nor Sor 3 Gor, or a Nor Sor 3?

 

There are different levels of title deed, with a chanote being the strongest claim to ownership, and other title deeds having slightly less certain claims to ownership.

 

For example, with an NS3 title deed there is probably no dispute who the owner is, however the exact boundary of the land will be subject to change after a Land Office survey. Such a survey can add or take away a small quantity of land from the title deed once laser measuring tools are used.

 

Often it's not the small variation on the title deed which is a problem; the problem might be that your boundary fence now sits 20 centimeters on your neighbours land. In extreme cases it can mean a part of your building is now situated on your neighbours (newly granted) property.

 

As a result of these uncertainties some buyers will not touch anything that is not an NS4 chanote. They simply don't want to buy a headache when there are better options.

 

Some people will buy land with NS3 and NS3G title deeds though. You don't have to upgrade your title, and you don't need a new survey. It's not a must.

My family have had at least 10 chanut documents (sor Nor 4) over many years, every one of them, when the land was acquired, had only the boundary line / markings for the specific piece of land. Exact same document used to sell.

 

The land surrounding (owned by others) not shown in any way on the chanuts.  

 

 

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Perhaps you have the original paper and the 2 adjoining plots were subdivided from your plot ? In which case the 2 adjoining plots will have new land titles and you will have original larger land title showing subdivisions with the remaining land belonging to you ... Check the back of the paper to see details .

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The actual chanotes to "our" blocks of land only show those particular pieces of land, not adjoining property, although both have a sketch map pinned to the document, showing the rest of the sub division and the location of "our" ( aka her) land. I would suggest you possibly do not have a full chanote ?

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A chanote is NOT the papers to ones land. People seem confused that cuz they have land papers it is a 'chanote'.

 

19 hours ago, blackcab said:

There are different levels of title deed, with a chanote being the strongest claim to ownership

Blackcab's post tells you exactly what a 'Chanote' is. The title of your land paper is in the top right corner of your land paper. Get that translated and look on the web to find out the legal rights to that title. Be careful as to what your missus tells you as it may suit her not be honest with the truth. Most likely reason would be that the land is 'Sor Por Kor' and isn't legally sell-able even though many do. Can only be passed on, in the event of death, to a family member.  This is why the Thai courts are snowed under sorting out land disputes.

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Posted (edited)
21 hours ago, beatlebones said:

I have the Chanote which details my land plot with 2 neighbors plots.

Ive just been told that to sell the land I will need an updated Chanote that shows just my plot...no neighbors.

More than likely the title paper originally included the other 2 properties. At some time these 2 plots were sold off but being Thais they thought they'd inform the Land Office at a later date. I see this becoming a court case to establish who exactly owns what. Boundaries should have been done before your missus first bought it. I hope for your sake it ain't Sor Por Kor.

Edited by Rally123

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Well, that just gave my bowels a workout !! and sent me scrambling to establish what was actually on the paperwork.

 

Appreciate the guidance and explanation given here, as I am sure many others will too.

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16 minutes ago, Rally123 said:

More than likely the title paper originally included the other 2 properties. At some time these 2 plots were sold off but being Thais they thought they'd inform the Land Office at a later date. I see this becoming a court case to establish who exactly owns what. Boundaries should have been done before your missus first bought it. I hope for your sake it ain't Sor Por Kor.

 You are not an optimist ...

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39 minutes ago, churchill said:

You are not an optimist ...

I tell it as it is. What am I supposed to do, lie?

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36 minutes ago, Rally123 said:

I tell it as it is. What am I supposed to do, lie?

No you tell it as you see it ... you are making up a story around your views .

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Take the papers to the Land Registry Office and you should have your answer. Though anything is possible in Thailand.

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33 minutes ago, churchill said:

No you tell it as you see it ... you are making up a story around your views .

Well what's your advice? All you've done is try to put down posters without an ounce of assistance to the OP. Put up or shut up.

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9 hours ago, churchill said:

Perhaps you have the original paper and the 2 adjoining plots were subdivided from your plot ? In which case the 2 adjoining plots will have new land titles and you will have original larger land title showing subdivisions with the remaining land belonging to you ... Check the back of the paper to see details .

 

Yes this is common and I think is the most likely situation here.

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