If you have been occupying and making use of a parcel of land, but your land doesn't have a Full Ownership Land Title Deed (Chanote), it is possible to obtain one through the following steps.
In case a previously obtained Land Title Deed is damaged, a new document can be obtained from the Land Department as well.
One must first make sure that the plot of land complies to the following set of criteria that will be considered by the Land Department Officials:
- The land has been occupied and made use of by the applicant.
- It must be a plot of land not under public use, such as water ways, roads, lakes, or shores.
- It must not be a mountain, hill or protected forest, or that the governmental entities deem necessary to protect the natural resources.
- It must have been previously measured and charted.
The following evidence must be provided on application:
- Thai ID Card with copy
- Land Occupation Form (Sor Khor 1)
- Declaration Receipt for the intent of holding rights on the land.
- Reservation Form
- Reservation Stamp as Approved
- Land Exploitation Title, or previous land registration document
- Certificate of Exploitation in case the land has been obtained through Cooperative Settlement
- Evidence for payment of Land Taxes, or other necessary evidence if the land hasn't been previously declared as occupied, and if the land isn't in the areas announced to be fully charted.
Steps in issuing the Chanote Land Title Deed
Once the application is submitted to the local Land Department, the officials will proceed to the gauge and investigate the land ownership with the owners of nearby plots, that will confirm the exact boundaries and sign as evidence. From there, the Land Department Officials will make a 30-day announcement at the local Land Department, at the Local Administrative Office, Local Municipality Office and in the area nearby the land plot that is to be issued the Land Title Deed. If there is no contest within that period, then the Chanote Land Title Deed will be issued.
In case there is an objection to the issue of the Land Title Deed
If someone contests the issue of the Land Title Deed, the Land Department officials will investigate such opposition. If a compromise can be reached between the applicant and the opposition, the process can continue, but if not, the Land Department official will have to submit the dispute, along with his opinion on the subject, to be considered by the Provincial Governor. After an order is given by the Governor, if any of the parties is unsatisfied with it, this matter can be brought to court under a delay of 30 days from the date the order has been issued, in order to obtain a court order that will be applied instead. If the matter isn't brought to the court within the 30 day period, the order from the Governor will be applied.
Obtaining a replacement Land Title Deed
In case a previously obtained Land Title Deed is damaged, but still legible, or if it has been damaged beyond repair, or even totally lost, and if the owner of the land plot wishes to obtain a replacement document, the following steps must be followed:
If the Land Title Deed is still legible, the land parcel identification numbers must still be readable, as well as name and stamp of the issuing officer.
If the Land Title Deed is unreadable or has disappeared, the following evidence must be provided to the Land Department officials:
- Thai ID Card and House Book
- Official Report declaring the loss
- At least 2 credible witnesses that can confirm the loss of the document, with their ID cards
- If the replacement document is requested by the court, a certified copy of the court order must be provided as well.
Remarks regarding requesting a replacement document
If the Land Title Deed hasn't really disappeared but the owner applies to obtain a new document, it would be considered as a false declaration, and is a criminal offense for both the applicant and involved witnesses, as stated by Section 137 of the Criminal Code:
"Whoever, giving any false information to any official, and is likely to cause injury to any person or the public, shall be punished with imprisonment not exceeding six months or fine not exceeding one thousand Baht, or both."