Thailand Law Library

by Thailand Lawyer

Chapter 4: Issuance of Documents Showing Rights in Land

In a case where there is a particular request for the issuance of the Title Deed or the Utilization Certificate by the person with possessory right, irrespectively of whether the notification of the Minister is made under Section 58, the competent officials may, if consider appropriate, proceed the issuance of the Title Deed or, as the ca se may be, the Utilization Certificate as requested in accordance with the rules and procedures prescribed in this Code.

For the purpose of this Section, the person with possessory right shall, in addition, mean any person who possesses and makes use of land in continuation of the person with evidence showing his/her claim for the possession of the land.

If it is necessary for any particular person who has possessed and made use of land prior to the enforcement date of this Code without a document of land rights and having failed to notify of his/her land possession under Section 5 of the Act Promulgating the Land Code, B.E. 2497 (1954), exclusive of the persons incompliance with Section 27 ter, to apply for the issuance of the Title Deed or the Utilization Certificate, the competent officials may, if considered appropriate, proceed with the issuance of the Title Deed or, as the ca se may be, the Utilization Certificate in accordance with the rules and procedures prescribed in this Code under a condition that the land parcel requested for the issuance thereof shall not exceed fifty rais and, if otherwise, the approval of the provincial Governor shall be obtained in accordance with the rules prescribed by the Committee.

For the purpose of this Section, the person with possessory right shall include any person who possesses and makes use of land in continuation of the said person.

In issuing the Title Deed or the Utilization Certificate, if there appears that the land area derived from the newly conducted survey is inconsistent with that specified in the Claim Certificate under Section 5 of the Act Promulgating the Land Code, B.E. 2497 (1954), the competent officials may, upon consideration, issue the document of land rights for the exact land area that has been actually put to use in accordance with the rules prescribed by the Committee.

During the issuance of the Title Deed under Section 58 bis, Section 58 ter, and Section 59, if there is, in the document of land rights, an entry of a list of encumbrance or changes of land rights holder, the said list shall be carried forward and recorded in the Title Deed as well.

Regarding the issuance of Title Deed under Section 58 bis and Section 59, it shall be deemed that the former document of land rights is annulled and such annulled document of land rights shall be returned to the land officer except in case of loss.

In issuing the Title Deed or the Utilization Certificate, the competent officials or, as the case may be, the land officers may, in case of the occurrence of contention, shall have power to make inquiries and settlement and proceed according to the agreement between the parties in dispute and, if the parties fail to come into agreement, the provincial land officers or the provincial branch land officers shall have power to consider this matter and give out the instructions as it deems expedient.

The provincial land officers or the provincial branch land officers shall notify the parties in dispute of the aforesaid instructions and the party dissatisfied therewith may proceed with the filing of a statement of claims with the Court within sixty days as from the acknowledgement of the instructions.

In case of filing the lawsuit, there shall be a stay of proceeding of the instructions until the Court’s final judgment or order which shall be executed as such. If the lawsuit is not pursued within such time period, the matter shall be carried out in accordance with the instructions of the provincial land officer or the provincial branch land officer, as the case may be.