LAND ACT AMMENDMENT February Deadline For Upgrades

Posted: 29 Jan 2010 | 6:00 am

Thailand's recent revision to the existing legislation under Land Code Amendment Act (No. 11)B.E. 2551 covers updates with perhaps the most significant being Sor Kor 1 titles.

I spoke to property legal specialist Michael Greth of International Law Office who clarified that "From our understanding, the only real issue for most is the upgrade from Sor. Kor. 1 certificates to Chanote Titles or utilization certificates Nor. Sor. 3 or Nor. Sor. 3 Khor which has to be applied with the land office before 6th of February, 2010; if applied later, such application must be made through verification of the competent court."

As with all things if you find yourself needed advise we suggest talking to a qualified legal representative.

As to the synopsis of the changes they are:

The reasons of the promulgation of this Act are as follows: It is considered expedient to amend the following provisions:- first, the provisions that provides for the determination and the levy of remuneration by the Provincial Administrative Organizations under Section 9 bis; second, the provisions prescribing the rules and procedures of the issuance of the Title Deed or the Utilization Certificate under the Land Code; and, third, the provisions in relation to the person with powers and duties to order the revocation or correction of the Title Deed or the Utilization Certificate, or the registration of rights and juristic acts related to the immovable property, or the record of the registered immovable properties that is made inaccurately or unlawfully. It is, in addition, expedient to add the provisions conferring powers in determining and levying the remuneration to the Municipalities, the Sub-District Administrative Organization, the Bangkok Metropolitan Administration, the City of Pattaya, or other Local Government Organizations that are governed by the law on land allocation under Section 9 in order to distribute income to the local government units. The rules and procedures of issuance of the Title Deed or the Utilization Certificate shall be revised and improved by developing a measure to encourage any person with evidence of his/her claim for land possession to apply for the issuance of the Title Deed or the Utilization Certificate. There shall be, furthermore, an amendment to vest power to order the revocation or correction under Section 61 in the Director-General of the Department of Lands or either Deputy Director-General or the Inspector of the Department of Lands authorized thereby so as to accelerate the issuance thereof and to conform to the principle of the government system reform which focuses on the devolution of responsibilities and powers in making decisions. It is therefore necessary to enact this Act.

Important one for the upgrade of land:

In different terms, if not applied to upgrade your pocessory right to utilization certificate (Nor. sor 3 or Nor. sor. 3 Khor) or Land title (Chanot = Nor. Sor. 4 Jor) within the given time period (have to inquire) it would have to go through courts and the one who utilizes the property is the one can apply.

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