Chapter 4
Issuance of Document of Land Rights
 

Section 56.³⁷ Subject to Section 56/1, forms, rules, and procedures for issuance of the Pre-emption Certificate, the Utilization Certificate, the Land Examination Certificate, or the Title Deed, including the substitutions thereof shall be in accordance with the Ministerial Regulations.

Section 56/1.³⁸ In issuing the Title Deed or the Utilization Certificate for the land with its partial area adjoining and overlapping or encroaching upon the domaine public of State with the existence of aerial photo map or aerial photograph, the competent officials may proceed only when it is examined and verified with the earliest aerial photo map or aerial photograph, as may be available through governmental service, that the land is eligible for issuance of the Title Deed or the Utilization Certificate. The other methods of examination and verification may be carried out in accordance with the rules prescribed by the Director-General.

Section 57.³⁹ In the Title Deed and the Utilization Certificate, there shall be the information as follows: name, last name, address of the land rights holder, location of land, area of land, map specifying boundaries in four directions. The provincial land officer, the provincial branch land officer, or the land officer assigned by the Director-General shall sign and affix the seal of office therein with an index of registration.

Each of the Title Deed and the Utilization Certificate shall be made in duplicate whereby one copy is given to the land rights holder and the other is maintained at the Land Office. For the purpose of record keeping, the copy at the Land Office may be reproduced into a photography images or other forms through the information and communication technology and shall be deemed as original.⁴⁰

Section 58.⁴¹ If the Minister considers appropriate to issue the Title Deed or the Utilization Certificate in any particular province and in any particular year, it shall be published by the Minister in the Government Gazette specifying the province and the year in which the cadastral survey or the examination and verification for purpose of land use is to be conducted. The permanent forest domain which is classified by the government authority shall not be included in the provincial boundaries published therein by the Minister.

Upon the publication under paragraph one, the provincial Governor shall designate the locality and the commencement date of field survey and shall put up a notice at the Land Office, the District Office, the District Branch Office, the Sub-District Headman Office, and the Village Headman Office in the relevant locality not less than thirty days prior to the commencement date of survey.

Upon the notification of the provincial Governor under paragraph two, the person under paragraph two of Section 58 bis. or his/her representative shall accompany the competent officials or the person authorized thereby to conduct the cadastral survey or the examination and verification of land use carried out in his/her land on the date and time as arranged by the competent officials.

In conducting the field survey to examine and verify the land use for purpose of issuance of the Utilization Certificate, the land officer shall have power to appoint a person who has been trained to conduct the land use examination and verification to do these tasks to be the official in lieu thereof.

In performing duties under paragraph four, the official shall be deemed as the public officer under the Penal Code.

Section 58 bis.⁴² Upon the completion of the cadastral survey or the examination and verification of land use under Section 58, the competent officials shall issue the Title Deed or the Utilization Certificate, as the case may be, to the persons under paragraph two if it appears that the land under the possession thereof is eligible for the Title Deed or the Utilization Certificate to be issued under this Code.

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37. Section 56 has been amended by the Act Amending the Land Code (No. 11), B.E. 2551 (2008).