Thailand Law Library

by Thailand Lawyer

BHUMIBOL ADULYADEJ REX
Given on the 30th day of November B.E. 2497
Being the 9th year of the Present Reign

His Majesty King Bhumibol Adulyadej has been graciously pleased to proclaim that:

Whereas it is expedient to promulgate the Land Code;

Be it, therefore, enacted by the King, by and with the advice and consent of the Assembly of People's Representatives, as follows:

This Act shall be called the “Land Code Promulgating Act, B.E. 2497 (1954)”.

This Act shall come into force on and from the day following the date of its publication in the Government Gazette.

The Land Code annexed to this Act shall take effect as from the 1st December B.E.2497 (1954).

From the effective date of the Land C ode, the following shall be repealed:

1. The Temporary Pre-emption Certificate (Tra Chong) Act, the title of which was amended in R.S. 124 to read the Pre-emption Title Deed Issuance Act;
2. The Land Title Deed Issuance Act R.S. 127;
3. The Land Title Deed Issuance Act No. 2;
4. The Land Title Deed Issuance Act No. 3;
5. The Act Amending the Provisions of Section 25 of the Land Title Deed Issuance Act R.S. 127;
6. The Reservation of Vacant Land as Public Domain Act, B.E. 2478 (1935);
7. The Land Title Deed Issuance Act (No. 5), B.E. 2479 (1936);
8. The Act Controlling Land speculation by Partnerships and Limited Companies, B.E. 2485 (1942);
9. The Land Title Deed Issuance Act (No. 7), B.E. 2486 (1943);
10. Act on Authorities in Charge of Recording of Rights and Juristic Acts Regarding Immovable Property under the Civil and Commercial Code, B.E. 2486 (1943);
11. Act on Authorities in charge of Recording of Rights and Juristic Acts Regarding Immovable Property under the Civil and Commercial Code (No. 2), B.E. 2492 (1949);
12. The Land Act in Regard to Aliens, B.E. 2486 (1943);
13. The Land Act in Regard to Aliens (No. 2), B.E. 2493 (1950); and
14. All other laws, rules and regulations insofar as they are already provided in the Land Code or which are inconsistent with or contrary to the provisions thereof.

Persons who have been in possession and have made use of land prior to the effective date of the Land Code without documents showing their rights in the land shall give notice of their possession to the District Officer of the locality within one hundred eighty days from the effective date of this Act according to the rules and procedure which the Minister shall prescribe through publication in the Government Gazette.

Notice of possession under this section in no respect gives rise to new rights in the person who gives notice.

Persons lawfully possessing and making use of land prior to the effective date of the Land Title Deed Issuance Act (No. 6), B.E. 2479 (1936) and transferees of the said shall have the right to apply for a title deed under the provisions of the Land Code. For persons who did not come into lawful possession of land between the effective dates of the Land Title Deed Issuance Act (No. 6), B.E. 2479 (1936) and the Land Code under the laws in effect at the time, the issuance of land titles shall proceed under the rules and procedures prescribed by Ministerial Regulations and the Land Title Deed Issuance Act (No. 6), B.E. 2479 (1936) shall remain in effect.

Persons who have received authorization to pre-empt land under the Land Title Deed Issuance Act (No. 6), B.E. 2479 (1936) but have not yet received a certificate of use prior to the effective date of this Act shall be held to still have the right to apply for a certificate from the District Officer until the expiration of one hundred eighty days from the final day for pre-emption under the said Act.

In case the prescriptive period for pre-emption referred to in the first paragraph expires prior to the effective date of this Code, provided it appears that the land for which pre- emption authorization has been received is in such a state of use as to warrant application for a certificate of use as aforesaid, an application for such certificate may be filed with the District Officer within one hundred eighty days from the effective date of this Code. When the time limit has run, that land shall be deemed free of pre-emption unless the District Officer orders an extenuation in each particular case.

Determination of whether land has been put to use or not shall proceed under the rules prescribed in Ministerial Regulations.

Persons authorized to pre-empt land but who have not yet received a certificate of use from the District Officer may not transfer such land except by way of inheritance.

Land certified as to use by the District Officer may be transferred.

Land reserved for use under the Reservation of Vacant Land as Public Domain Act, B.E. 2478 (1935) or under other laws prior to the effective date of the Land Code shall remain reserved.

In areas where pre-emption title deeds and pre-emption certificates stamped “IN USE” have been issued prior to the effective date of the Land Code, the provisions of laws with regard thereto shall remain in effect insofar as they deal with survey procedure and the issuance of the aforesaid documents until title deeds are issued under the Land Code.

Any person under a contract to buy or sell land or under a land hire-purchase contract prior to the effective date of this Act who registers it with the authorities in charge under Section 71 of the Land Code within one hundred twenty days from the effective date of this Act, shall when the sell or purchase under such contract takes place be deemed to have to same rights in the land as before the effective date of the Land Code.

Any person who has pledged land prior to the effective date of this Act shall on redeeming it while the Land Code is in effect be deemed to have the same rights in the land as before the effective date of the Land Code.

The District Officer shall have the power to proceed to the finish with application for pre- emption made by any person prior to the effect ive date of this Act to whom authorization has not yet been granted in accordance with the terms of the Land Title Deed Issuance Act (No. 6), B.E. 2479 (1936).

The Minister of Interior shall have charge and control for the execution of this Act and the Land Code, and shall have the power to appoint land officers and competent officials and to issue Ministerial Regulations for the execution of this Act and the Land Code. Such Ministerial Regulations shall come into force upon their publication in the Government Gazette.

Countersigned by Field Marshal P. PIBULSONGKRAM
Prime Minister