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Thailand Real Estate Title: Possessory Rights

Transcript of the above video:

As the title of this video suggests, we are discussing Property or Real Estate Title here in the Kingdom and we are discussing, for lack of a better term, the lowest category of property title and that is Possessory Rights. 

In my opinion, the way I look at it and obviously I view things through a lens of the Common Law tradition, I look at this as something as akin to adverse possession. To be clear there is no clearly delineated property right to a given tract of land associated with this Possessory Right short of making tax payments at an Administrative Office here in Thailand and that shows that "yes I have been making tax payments therefore I am the owner of this, or I have the possession of this particular plot or this particular piece of real estate". It is possible to go ahead and upgrade to a Nor Sor 3 and further upgrade it to a Nor Sor 3 Gor and then further upgrade into a Chanote title.  

For those who are looking, especially foreigners looking into the Thai Real Estate market usually in the context of purchasing something with their Thai spouse, a Possessory Right is not overly beneficial. It doesn't provide a great many rights of enjoyment or encumbrance. It doesn't really provide any right of alienation or the ability to sell anything. In short, it is a pretty tenuous claim for lack of better term.

So for this reason and many more, it is a definitely a good idea to contact a legal professional and undertake due diligence if you are looking at getting into property title here in the Kingdom or if you are looking to get into Thai Real Estate because it is really imperative to understand exactly the type of title one is getting into and understand whether or not that title specifically delineates metes and bounds of a property's boundaries. It is also a good idea to understand the rights associated with that property so again a Possessory right, under certain circumstances there could be something said for it, but for the most part I do not think this is going to be an overly beneficial type of property right especially for a foreigner usually acting in conjunction with a Thai spouse, who is looking at the Thai real estate scene and looking at investment in property here in the Kingdom of Thailand.