Thailand Law Library

by Thailand Lawyer

Chapter 4: Issuance of Documents Showing Rights in Land

In a case where there appears an inaccuracy or illegality in connection with the issuance of the Title Deed or the Utilization Certificate, the registration of rights and juristic acts for the immovable property, or the record making of the list of registered immovable properties, the Director-General or either the Deputy Director-General or the Inspector of the Department of Land authorized thereby shall have power to order the annulment or amendment thereof.

Prior to taking actions under paragraph one, the Director-General or the person authorized thereby under paragraph one shall set up a Committee of Enquiry with authority to call for documents as follows: the Title Deed, the Utilization Certificate, the rights and juristic acts registration documents, documents related to the recorded list of registered immovable properties or other documents for consideration. The interested parties shall be notified for purpose of objection, if any. Upon the expiration of thirty days following the date of notification without any objection, it shall be regarded as no objection at all.

The Committee of Enquiry with duties to examine the inaccurate or unlawful issuance of the Title Deed or the Utilization Certificate shall, at the least, consist of public authorities and the representative of the local administrative body or the local administrator of the relevant locality as members.

The examination and enquiry under paragraph two shall be carried out until completion and the matter shall be submitted to the Director-General or the authorized person under paragraph one within sixty days from the day on which the examination and enquiry is ordered. If the examination and enquiry is not completed within such time period, the Committee of Enquiry shall give reasons and report to the Director-General or the authorized person under paragraph one for the extension of time. The time extension shall be granted by the Director-General or the authorized person under paragraph one as necessary but not exceeding sixty days.

The consideration of the matter reported by the Committee of Enquiry under paragraph four shall be completed by the Director-General or the authorized person under paragraph one within fifteen days. The decision after the aforesaid consideration shall be executed as such.

In carrying out the revocation or amendment under this Section, if the Title Deed or the Utilization Certificate is absent, such Title Deed or Utilization Certificate shall be deemed as lost and the land officers shall issue a substitution thereof for further actions. Provided that the inaccuracy arises from erroneous handwriting or typing with explicit supporting evidence and the interested party gives a written consent, the land officers shall have power and duty to correct it.

In case of the Court’s final judgment or order of revocation or amendment, the land officers shall carry out acts in accordance with such judgment or order according to the procedures instructed by the Director-General.

The formation of the Committee of Enquiry, the examination and enquiry, the notification to the interested party who may make an objection, and the consideration of revocation or amendment shall be in accordance with the rules and procedures prescribed in the Ministerial Regulations.

In all cases relating to ownership of land for which title deeds have been issued, the Court shall inform the land official of the locality where the land is situated of all final judgments or orders.

If any title deed is damaged, defaced or last for any reason, the owner may apply for a substitute title deed. When a substitute has been issued, the original title deed shall be cancelled unless the Court orders otherwise. The proceeding shall apply mutatis mutandis to pre-emption certificates, use certificates, or land particulars certificates.

In case of damage, defect, and loss of the Title Deed, the Land Examination Certificate, the Utilization Certificate, or the Pre-emption Certificate which is maintained at the Land Office, the competent officials under Section 71 shall have power to call for the said document from the land rights holder for purpose of reproduction thereof based on the existing originals.