Chapter 5
Land Survey
  

Section 65. The cadastral survey shall be conducted in accordance with the rules and procedures prescribed in the Ministerial Regulations.

Section 66. For purpose of survey, the competent officials and labors shall have power to enter the land of the land rights holder or the possessor during daytime but the land rights holder shall be notified of the entry in advance. The land rights holder or the land possessor shall facilitate the entry of the said competent officials and labors as appropriate.

In erecting the monuments in the land for purpose of the traverse control, the competent officials shall have power to do so if necessary.

In conducting the land survey, the competent officials, if imperative and appropriate, shall have power to do digging, cutting and lopping branches, or anything to the objects that hinder the survey as much as necessary by bearing in mind that it shall cause the least damage to the owner.

Section 67. It is forbidden to destroy, alter, or remove the reference marks or the monuments that are driven into the ground by the competent officials without permission of the land officers.

Section 68. Whenever it is necessary for any person to act as set forth in Section 67, a request shall be filed with the land officers for permission.

In case of decline against such request, the land owner shall have the right to lodge an appeal with the Minister within fifteen days after such decline is acknowledged. The Minister shall issue an instruction within sixty days after the appeal is accepted. The Minister’s instruction shall be final.

In case of absence of the Minister’s instruction up to the expiration of sixty days as prescribed in the preceding paragraph, it shall be regarded as permission.

Section 69. Whenever it is expedient to examine and verify the boundaries of land as shown in the map in any locality, the provincial Governor shall make notification for purpose of acknowledgement of the land rights holder at least fifteen days in advance. To make notification, a written notice shall be put up within the confinement of the land and the land rights holder shall be, in addition, notified of the designated date and time as well. The land rights holder shall accompany the competent officials when the examination and verification of the land boundaries is conducted.

The land rights holder under the preceding paragraph may appoint his/her representative to accompany the competent officials during the examination and verification in lieu thereof.
After the examination and verification, the competent officials shall have power to issue a new Title Deed to replace the former which is to be annulled and returned.

Section 69 bis.⁵² Any land rights holder with intention to have his/her Title Deed examined and verified may file an application together with the Title Deed with the land officers and the competent officials shall carry out the examination and verification as requested.
In surveying the land, if it appears that the land possession is inconsistent with the map or the area as shown in the Title Deed, the land officers shall, after the person with rights in the adjoining land certifies the land boundaries, have power to make correction of the map or the record of land area to correspond with the result of actual survey, except in case of collusion for purpose of law evasion.

In a case where it is not possible to contact the person with rights in the adjoining land to observe the land boundaries, or the said person fails to be present after being notified by the competent officials, or the said person is present to observe the boundaries but decline to certify the boundaries without opposing the survey, the competent officials shall notify such person through a written notice requesting his/her signature to either certify or oppose the boundaries within thirty days after the delivery of notice. If the person with rights in the adjoining land fails to take either action within the designated time period and the applicant certifies non-encroachment upon the adjoining land and gives consent for any correction of the map or the record of land area to be made to conform to the actual survey, the land officers shall proceed under paragraph two without such certifying of the boundaries.

Any communication or notification to the person with rights in the adjoining land under paragraph three shall be in accordance with the rules and procedures prescribed in the Ministerial Regulations.

In case of objection, the land officers shall have power to make enquiry and compromise by considering the map evidence. If an agreement between parties is attained, the matter shall be carried out as such except in case of collusion for purpose of law evasion. If the parties fail to come to any agreement, the parties shall be notified of his/her right to file a lawsuit within ninety days as from the date of notification. In case of no lawsuit within the designated time period, it shall be regarded that the applicant has no intention to have the boundaries examined and verified further.

In a case where the land rights holder wishes to have only his/her land area verified against the Utilization Certificate, the application together with the Utilization Certificate of such land shall be filed with the land officers and the provisions of paragraph two, paragraph three, paragraph four, and paragraph five shall apply mutatis mutandis.

Section 70. For purpose of survey, the competent officials shall have powers as follows:

(1) to summon the person with rights in the adjoining land to observe the boundaries and to acknowledge his/her boundaries by means of signature;

(2) to summon any relevant persons to give statements or furnish documents or any evidence for inspection.

Section 70 bis.⁵³ In the examination and verification of land for purpose of issuance of the Utilization Certificate and the examination of the land area against the Utilization Certificate, the provisions of Section 66 and Section 70 shall apply mutatis mutandis.

Chapter 6
Registration of Rights and Juristic Acts
 

Section 71.⁵⁴ For any immovable property in the locality of the Provincial Land Office or the Branch Land Office, the land officers shall be the competent officials for registration of rights and juristic acts in connection with the immovable property under the Civil and Commercial Code.

In a case where the information and communication technology system has been used in registering the rights and juristic acts, the land officers shall be the competent officials for registration of rights and juristic acts in connection with the immovable property under the Civil and Commercial Code through the information and communication technology system for any immovable property in the locality of other Provincial Land Offices or the Branch Land Offices as well except in a case where the announcement or the survey is required for the registration thereof in accordance with the rules and procedures published in the Government Gazette by the Director-General.⁵⁵

Section 72.⁵⁶ Any person wishing to have the registration of rights and juristic acts in connection with the immovable property under the Civil and Commercial Code shall have the document of land rights presented by the other party to be examined by the competent officials under Section 71 for the registration thereof.

In registering any right and juristic act under paragraph one for the land with the Title Deed, the Land Examination Certificate, or the Utilization Certificate, the other party may file an application with the competent officials under Section 71 at the Department of Lands or any Land Office for the registration thereof except in a case where the announcement or the survey is required for the registration thereof.

Section 73. If it appears to the competent officials that the juristic act filed for registration is a void act, the competent official shall not proceed with the registration thereof.

If the juristic act filed for registration appears to be a  voidable act, the competent officials may carry out the registration of such juristic act only if the other party who suffers damage gives consent and confirmation for the registration thereof.

Section 74. In proceeding with the registration of rights and juristic acts by the competent officials under Section 71, the competent officials shall have power to make enquiry toward the other party and summon any relevant person to give statements or furnish documents or any evidence as deemed necessary and the competent officials shall proceed as it deems advisable.

In a case where it is convincing that the filing for registration of rights and juristic acts is for the purpose of law evasion or the land is bought for the benefit of foreigners, the Minister’s order shall be sought and obtained. The Minister’s order shall be final.

Section 75.⁵⁷ In proceeding with the registration of rights and juristic acts in connection with any land with the Title Deed or the Utilization Certificate, the competent officials shall record the terms of agreement or make a contract related to this matter, as the case may be, and shall record the same essential issues into both copies of the Title Deed or the Utilization Certificate whereas one copy is for the Land Office use and the other is for the land owner.

Section 76. In case of the registration of rights and juristic acts in connection with the land that has been examined, the boundaries surveyed and marked but without a Title Deed, the application shall be filed with the competent officials under the provisions of Section 71.

The said registration under the preceding paragraph shall be recorded in the Land Examination Certificate in accordance with the procedures prescribed for the registration of rights and juristic acts related to the land with Title Deed mutatis mutandis.

Section 77. Unless it is prescribed otherwise by this Code, registration of rights and juristic acts in connection with land or other types of immovable property shall comply with the rules and procedures as prescribed in the Ministerial Regulations.

Section 78. Registration of rights and juristic acts related to the land acquired through Section 1382 of the Civil and Commercial Code or by other means except for the juristic act related to the land with Title Deed shall comply with the rules and procedures as prescribed in the Ministerial Regulations.

Section 79.⁵⁸ Any land rights holder wishing to divide land into several parcels or consolidate parcels of land into one shall file an application together with the document of land rights with the competent officials under Section 71.

For the purpose of this Section, Section 69 bis. shall, in addition, apply mutatis mutandis. If the registration of rights and juristic acts is required, it shall be carried out prior to the issuance of the new document of land rights.

Section 80.⁵⁹ In case of redemption of land mortgage or redemption of the land sold with right to redeem whereby a document of land rights has been issued to the said land, the land rights holder or the person with right to redeem may, upon the document made by the mortgagee or the buyer evidencing that the land is already redeemed, present the document of land rights to the competent officials in order to have such redemption registered.

After examined by the competent officials, if it is found correct, the record of redemption shall be made on the document of land rights.

Section 81.⁶⁰ In filing an application for registration of rights and juristic acts related to immovable property devolved by succession, the successor shall present the evidence related to the land or the document of land rights together with evidence of succession to the competent officials under Section 71. If the said document of land rights is kept by other person, the competent officials shall have power to call for such document.

After inspecting and interrogating witnesses and evidence to the convincing effect that the applicant is the successor, the competent officials shall prepare written notices to be put up publicly at the Land Office, the District or Amphoe or King-Amphoe Office, the Municipality Office, the Sub-District Administrative Office, the Sub-District or Kwang Office, or the Sub-District Headman Office of the locality in which the land is situated, and within the confinement of the land for a period of thirty days. The competent officials shall send such notices to all successors as confirmed by the applicant with all possible efforts. If no successor entitled to the inheritance makes any objection within the designated period of time and there is convincing evidence that the applicant is entitled to the inheritance, the competent officials shall carry out the registration in accordance with the rules and procedures prescribed in the Ministerial Regulations.

In case of opposition by the successor entitled to the inheritance, the competent officials shall have power to interrogate the other party and summon any person to give statements or furnish the relevant document as necessary for settlement. If the settlement is not agreed upon, the competent officials shall give an instruction as it deems advisable.

The competent officials shall notify the other party of the said instruction and the party dissatisfied with the instruction may file a lawsuit within sixty days after being notified. If such party fails to file a lawsuit and to present to the competent officials the evidence showing the entry of the plaint accompanied by a copy of such plaint claiming the right of inheritance within such time period, the instruction of the competent officials shall be implemented.

Provided that the successor files a lawsuit within the designated time under paragraph four or other successor entitled to the inheritance has filed a lawsuit to claim such inheritance prior to the registration of rights and juristic acts related to the said inheritance, the competent officials shall, upon the presentation of evidence affirming the entry of the plaint accompanied by a copy of plaint to the competent officials, cease the registration thereof and shall subsequently carry out this matter in compliance with the Court’s judgment or order.

Section 82.⁶¹ Any person wishing to have the executor’s name registered on the document of land rights shall file an application together with such document of land rights and the document evidencing the authorization of executor with the competent officials under Section 71. If such person is the executor by Court’s order or administrator, the competent officials shall proceed with the registration as requested. If such person becomes the executor through other means, the competent officials shall make enquiry and examine the evidence and the provisions of paragraph two of Section 81 shall apply mutatis mutandis. If no objection, the competent officials may register the executor’s name on the document of land rights. If otherwise, the registration shall be suspended as the other party may bring the matter to the Court. Upon the final Court’s judgment or order, the matter shall be carried out in compliance therewith.

In a case where the executor whose name has been on the document of land rights requests the registration of land rights for the successor, the competent officials may proceed with the registration as requested without production of notice under Section 81.

In a case where the trustee of the lawfully established trust requests the registration as a trustee, the competent officials may, upon the interrogation and examination of witnesses and evidence, carry out the registration as requested.

Section 83.⁶² Any interested party in the land that may be registered or altered of its existing register by the execution of the Court’s judgment, wishing to have the land attached shall file an application with the competent officials under Section 71.

Upon the interrogation and examination of witnesses and evidence presented by the applicant, the competent officials shall, if considers convincing, attach such land for a period of thirty days from the date of order of attachment. Upon the expiration of such period, the attachment shall deems terminated and the said person may not file for the re-attachment under the same circumstance.

If the interested party makes objection that the attachment is unlawful, the competent officials shall have power to interrogate and examine witnesses and evidence to the extent necessary. In a case where it is convincing that the attachment is unlawful, the competent officials shall have power to terminate such attachment and notify the person requesting the attachment of such termination.

Chapter 7
Determination of Land Rights for Religious Purpose
 

Section 84. The acquisition of land by temples, Roman Catholic churches, Christendom charities, or mosques shall be approved by the Minister and shall not exceed 50 rais.
 If it deems advisable, the Minister may approve the acquisition of land greater than the amount prescribed in paragraph one.

Provisions of this Section shall not prejudice the acquisition of land that has been finalized prior to the enforcement date of this Code and, in the province with the existence of judicial officers under the Islamic law (Justice Datoh), that is to be used as a mosque in accordance with provisions of the Islamic law.

Section 85. In a case where, during the time this Code remains in full force, any juristic person acquires the land greater than the amount prescribed under Section 84, such juristic person shall dispose of the said land within five years. In case of failure to do so, the Director-General shall have power to dispose of such land and the provisions prescribing the enforcement of the land disposal under Section 3 shall apply mutatis mutandis.

Chapter 8
Determination of Foreigners’ Land Rights
 

Section 86. Foreigners may acquire land by virtue of the provisions of a treaty granting the ownership of immovable properties and subject to the provisions of this Code.

Subject to Section 84, the acquisition of land by foreigners for purpose of residence, commerce, industry, agriculture, cemetery, public charity, or religion shall conform to the conditions and procedures prescribed in the Ministerial Regulations with permission of the Minister.

Section 87. The amount of land permissible under the preceding Section shall be as follows.

(1) For residential use, not exceeding 1 rai per family.

(2) For commercial use, not exceeding 1 rai.

(3) For industrial use, not exceeding 10 rais.

(4) For agricultural use, not exceeding 10 rais per family.

(5) For religious use, not exceeding 1 rai.

(6) For public charity use, not exceeding 5 rais.

(7) For cemetery use, not exceeding ½ rai per family line.

Provided that any foreigner wishes to use the amount of land for industrial purpose greater than that prescribed in (3), the Council of Ministers may, if considered appropriate, permit such use with certain conditions enforced and the provisions of Section 48 shall apply mutatis mutandis

Section 88. Provisions of Section 87 shall not prejudice the foreigners who have owned, prior to the enforcement date of this Code, the amount of land greater than that as prescribed in Section 87. Any foreigner who has owned the amount of land less than the aforesaid limitation or has heretofore disposed of it may acquire additional land under the condition that the total amount of land shall not exceed the restriction under Section 87.

Section 89. Foreigners shall use the land for the purpose as it is permitted for land acquisition only. Land use for other purposes is forbidden unless it is permitted otherwise under the limitation prescribed in Section 87. Non-use of land that has been formerly permitted for certain purpose of use shall be notified in accordance with the forms and procedures prescribed in the Ministerial Regulations within 30 days from the date of non-use of land.

In a case where any foreigner wishes to use land for purposes other than that is initially permitted, the re-application for permission to the Minister shall be proceded in accordance with the forms and procedures prescribed in the Ministerial Regulations. The Minister shall have the power to grant the said permission if it is considered appropriate.

Section 90. Any foreigner who is granted to acquire and use land for a certain purpose and no longer use the said land or use it for other purposes without re-permission shall dispose of such land within the time period prescribed by the Director-General which is not later than a hundred and eighty days but not longer than one year. If such time period elapses, the Director-General shall have power to dispose of such land.

Section 91. Any foreigner who has been granted to use land for a particular purpose shall, if re-granted to use for other purpose with less amount of land, dispose of the excess within the time period prescribed by the Director-General which is not later than a hundred and eighty days but not longer than one year. If such time period elapses, the Director-General shall have power to dispose of such land.

Section 92. Any foreigner who is granted to acquire the land under the provisions of paragraph two of Section 87 shall, in case of failure to comply with the conditions prescribed by the Minister, dispose of the portion of land acquired in excess of the designated amount within the time period prescribed by the Director-General which is not later than a hundred and eighty days but not longer than one year. If such time period elapses, the Director-General shall have power to dispose of such land.

Section 93. The Minister may approve the acquisition by the foreigner, as a statutory heir, of the land which is devolved by succession under the condition that the total amount of land, after combining with the existing land prior to the devolution, shall not exceed the amount prescribed in the provisions of Section 87.

Section 94. Foreigners shall dispose of the land acquired unlawfully or without permission within the time period prescribed by the Director-General which is not later than a hundred and eighty days but not longer than one year. If such time period elapses, the Director-General shall have power to dispose of such land and the provisions prescribing the enforcement of the land disposal under Section 3 shall apply mutatis mutandis.

Section 95. Any person who has acquired the land while holding the Thai nationality but later changes his/her nationality to become a foreigner shall be entitled to the same right in the land as other foreigners and shall dispose of the excess and the provisions of Section 94 shall apply mutatis mutandis.

Section 96. If it appears that any person acquires the land as the owner on behalf of the foreigner or the juristic person under Section 97 or Section 98, the Minister shall have power to dispose of such land and the provisions of Section 94 shall apply mutatis mutandis. 

Section 96 bis.⁶³ The provisions prescribing the acquisition of land by foreigners by virtue of the provisions of a treaty under first paragraph of Section 86 shall not apply to the foreigners who bring in the capital for investment more than forty million Baht as prescribed in the Ministerial Regulations whereas the acquisition of land for purpose of residence shall not exceed one rai and shall be approved by the Minister.

The acquisition of land by foreigners under paragraph one shall be in accordance with the rules, procedures, and conditions prescribed in the Ministerial Regulations. The essential issues shall be included in the Ministerial Regulations as follows.

(1) The type of business in which the foreigners invest that economically and socially benefits the country or which is declared by the Board of Investment as eligible for the application of the investment promotion under the law thereon.

(2) The period of maintaining the investment shall not be less than three years.

(3) The land that the foreigners may acquire shall be within the locality of Bangkok Metropolitan Administration, the City of Pattaya, Municipality, or the zone designated to be the residential area under the law on city planning.

Section 96 ter.⁶⁴ Any foreigner who is granted to acquired land under Section 96 bis. shall, if fails to comply with the rules or conditions prescribed in paragraph two of Section 96 bis. in the Ministerial Regulations, dispose of the land being under his/her right within the time period prescribed by the Director-General which is not later than a hundred and eighty days but not longer than one year. If such time period elapses, the Director-General shall have power to dispose of such land.

If the land granted to be acquired by the foreigner under Section 96 bis. is not used for purpose of residence within two years from the registration date of acquisition, the Minister shall have power to dispose of such land.

<<< Previous Page - Next Page>>>

Back to Main Index

53. Section 70 bis. has been amended by the Act Amending the Land Code (No. 2), B.E. 2521 (1978).

58. Section 79 has been amended by the Announcement of the Revolutionary Council, No. 334, dated 13th December B.E. 2515 (1972).

62. Section 83 has been amended by the Act Amending the Land Code (No. 9), B.E. 2543 (2000).

63. Section 96 bis. has been added by the Act Amending the Land Code (No. 8), B.E. 2542 (1999).