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Introduction
Following periods in Thailand's
history whereby land was owned by the people and
later by Kings, it’s possession must now be
in accordance with the principle land administration
laws. Transfer of ownership is supervised by the
Land Department and some land is still controlled
by other government authorities such as the Forestry
Department (management of land in forest zones),
Sor. Por. Gor. (reformed land zones), District offices
and Municipalities (public land zones).
There are two types
of rights to private land. The first is the right
of possession (Possessory Right) which is the right
to possess and use the benefit of land under the
Civil and Commercial Code and the second is ownership
through title deed and documents concerning the
land. There is a variety of land titles which vary
in the accuracy of their measurement and recognition
of the level of ownership.
Ownership of property by
foreigners
Under Thai law foreigners can own a unit in a registered
condominium and can own a building but cannot own
freehold land in Thailand. However there are various
ways in which foreigners can effectively control
and use the land.
Long term lease
The most popular way is through long term leasehold,
whereby all types of titled land may be leased for
a period of 30 years and with appropriate extensions
and purchase options can effectively control land
for generations to come.
Company ownership
A Thai company with foreign shareholding of up to
49% may purchase land however it is not in the spirit
of Thai law that companies are formed for the sole
purpose of purchasing land and are encouraged to
participate in business activity.
Land measurement
1 Rai = 1,600 sq mts
1 Ngan = 400 sq mts
1 Wah = 4 sq mts
1 Hectare = 6.25 Rai
(approx.)
1 Acre = 2.5 Rai (approx.)
1 Rai = 16 Are |