To understand the importance of a property title search in Thailand, it is important to understand what it entails. This search allows you to see the history of a property, including who first owned it and who has owned it since. Historical speaking, all land in Thailand is owned by the King. The first time that you see a property in Thailand, it is almost always owned by the King. But that doesn’t mean that you don’t want to see it before you buy it.
Different Types of Claim on Land and Property
In Thailand, a person can claim land or property only if they have a valid land document, or a deed of possession. Despite this legal certainty, the land in Thailand can be unclear. The Land Department issues several official documents that can indicate land ownership, including a land title. But some of these documents cannot be used to sell or lease land. Even if the owner has a valid land title, it does not mean that they own the land.
A land title can be issued by the Land Department or another government department. Some land titles offer ownership rights. For example, a chanote is a piece of land that has been surveyed and registered in the Land Department. The owner of a Chanote cannot sell it and can only pass it on by inheritance. Other land titles give a person the right to use the land but cannot register it for sale or obtain a building permit.
Property Title Search Process
If you are purchasing property in Thailand, it is imperative to conduct a Property Title Search before settling on a property deal. This process will reveal liens on the property, whether or not the seller has legal ownership, and the extent of usufruct and superficies. In Thailand, title deed fraud is a very common occurrence, so you should seek the advice of a Bangkok property lawyer before finalizing your purchase.
A title search will give you an insight into the history of a property and will show you if the seller is the true owner. A title search will also let you know if the property is free of encumbrances and any previous owners. Traditionally, all land in Thailand belonged to the king, so the process can reveal any liens or encumbrances that may be associated with a property.
Hiring a Thai Property Lawyer for Title Search
When purchasing a property in Thailand, the first thing you should do is perform a title search. This is important, as a title search will show you whether or not the seller has any liens or ownership rights to the property. The title search will also determine if the property has any encumbrances or legal access rights. When you hire a lawyer, you can rest assured that you are dealing with the legal owner of the property and not a third party.
The title search will determine whether or not you have a right to sell the property and whether it has any encumbrances. To complete a title search in Thailand, you must visit the Land Department to verify ownership. Because the Land Department maintains its records on paper, the title search process can take a long time. Consequently, hiring a lawyer in Bangkok will save you time and avoid potential pitfalls.