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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