Thailand Law Library

by Thailand Lawyer

Chapter 6: Recording of Rights and Legal Acts

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.

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.

When it appears to the competent authority that the legal act to be recorded by the parties is void, he shall not be obliged to record it.

If the legal act to be recorded by the parties appears voidable the competent authority shall record it when the party who may be damaged thereby insists.

In recording rights and legal acts by the competent authority under Section 71, the competent authority shall have the power to interrogate the parties and summon persons concerned to give oral testimony or send relevant written evidence as may be necessary and then proceed as may be appropriate under the circumstances. If there is reason to believe the recording of such rights and legal acts is in evasion of the law or there is reason to believe the purchaser is purchasing on behalf of an alien, instructions shall be asked of the Minister whose word shall be final.

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.

In case of an application to record rights and legal acts with regard to land which the competent authority has investigated and surveyed but for which he has not yet issued a title deed, recording may be requested of the competent authority under the provisions of Section 71.

Recording under the preceding paragraph shall be noted in the land particulars certificate as far as possible in accordance with the procedure for recording rights and legal acts with regard to land under title deed.

Unless otherwise provided in this Code, recording of rights and legal acts concerning land or immovable property shall be done in accordance with the rules and procedures prescribed in Ministerial Regulations.

The recording of rights and legal acts with regard to land acquired under Section 1382 of the Civil and Commercial Code or in ways other than through legal acts with regard to land already under title deed shall be in accordance with the rules and procedures prescribed in Ministerial Regulations.

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.