Land Code
Governs title documents, registration of rights and foreign land-holding restrictions.
Practice area
Land & Real Estate
Title due diligence, sale, lease and transfer at the Land Office
End-to-end property legal work: title and encumbrance checks, drafting sale or lease agreements, attending the Land Office for transfer, and lawfully structuring foreign ownership.
What this practice covers
- Title, servitude, mortgage and land-use restriction checks
- Drafting and reviewing sale and long-lease agreements
- Foreign condominium ownership and foreign quota
- Usufruct, habitation and other registrable rights
- Transfer at the Land Office and calculation of fees and taxes
- Land disputes, boundaries and survey issues
How we work on your matter
- 1Obtain the title deed and inspect the Land Office record
- 2Check encumbrances, zoning and legal access
- 3Draft the contract with safe deposit arrangements
- 4Schedule and complete the Land Office transfer
- 5Deliver title documents and summarise post-transfer tax duties
Documents to prepare
- Land title deed or condominium ownership certificate
- ID card, house registration or passport of the parties
- Marriage certificate or spousal consent where applicable
- Debt-free certificate from the condominium juristic person
- Foreign Exchange Transaction record for foreign condo buyers
Points to watch
- Foreigners generally cannot own land in Thailand; nominee company structures are unlawful.
- Never pay a deposit before verifying the title and encumbrances at the Land Office.
- Leases over three years must be registered or are enforceable for only three years.
Typical timeframe
Title due diligence usually takes a few business days; the Land Office transfer is generally completed in a single day when documents are complete.
Timeframes are indicative only and depend on the authority, the court calendar and the completeness of your documents.
Title due diligence before purchase: what must be checked every time
Before signing a land purchase agreement, verify the original title deed at the Land Office: confirm the seller is the true owner, the land is free of mortgages, seizures or usufructs, and the title is a Chanote (N.S.4) — the most clearly transferable type — rather than an N.S.3 or other limited document.
Beyond the deed itself, check the transfer history, the true boundaries against the cadastral survey, and restrictions under town-planning or area-specific laws such as reserved forest or building-control zones. These issues rarely appear in the documents a seller presents.
For condominiums, additionally verify that the building’s foreign quota is not full, the juristic person has no outstanding claims against the unit, and common-area fees are paid up. We issue a written due-diligence report before every purchase.
Foreign nationals and property holding in Thailand
As a rule, foreign nationals cannot own land in Thailand, subject to narrow statutory exceptions such as permitted investment schemes. Foreigners may own condominium units within the 49 per cent foreign quota of the building’s total area, and may lease land for up to 30 years under general law.
Historically popular structures — such as a Thai company with nominee shareholders holding land — carry high risk because they are unlawful where the intent is to circumvent the restriction. Safer alternatives include a registered long-term lease, a usufruct, or rights in projects the law specifically supports.
Funds for a condominium purchase must be remitted from abroad through a Thai commercial bank with evidence of the inbound transfer (such as a foreign exchange transaction certificate), needed both at transfer and for future repatriation of funds. We prepare this documentation before completion.
Laws that govern this matter
Summarised for general understanding only. The application of each provision depends on the facts of your case.
Civil and Commercial Code
Covers sale, lease, hire-purchase, servitude, usufruct and mortgage.
Condominium Act B.E. 2522 (1979), as amended
Sets the foreign ownership quota in condominiums and the duties of the juristic person.
Example situations and how they are handled
These are constructed examples used to explain procedure. They are not client matters, and no outcome is implied or guaranteed.
Illustrative scenario: unclear access to the land
Situation: A buyer finds access crosses a neighbouring plot with no registered servitude.
Usual approach: Check the cadastral map and land office records before any deposit, and make registering a servitude a condition precedent. (Hypothetical.)
Advice for your specific situation
Buyers of land and houses
- Verify the title at the land office, not just the seller’s copy.
- State clearly in the contract who bears transfer fees and taxes.
Foreigners considering Thai property
- Foreign land ownership is tightly limited; nominee arrangements carry high legal risk.
- Long leases must be registered to bind beyond the statutory short term.
Every matter — what to do in the first 7 days
- Gather every original document in one place, keep scanned copies, and note the date you received each one.
- Write a dated timeline — the date you received a notice or learned of the event usually starts the limitation or appeal clock.
- Do not sign a settlement, debt acknowledgement or withdrawal before a lawyer reviews it — it may extinguish existing rights.
- Preserve digital evidence unaltered (full screenshots, original files, emails with headers) — edited files are easy to challenge.
Official sources you can check
Rules and fees change. Confirm current requirements with the responsible authority before filing.
This service in your province
Province pages set out the courts and authorities with jurisdiction locally, and answer the questions people in that area ask.
Land & Real Estate — BangkokLand & Real Estate — Chiang MaiLand & Real Estate — PhuketLand & Real Estate — ChonburiLand & Real Estate — Khon KaenLand & Real Estate — Udon ThaniLand & Real Estate — Nakhon RatchasimaLand & Real Estate — SongkhlaLand & Real Estate — Surat ThaniLand & Real Estate — Chiang RaiLand & Real Estate — RayongLand & Real Estate — Nonthaburi
Frequently asked questions
Can a foreigner buy a condominium?
Yes, within the building’s foreign quota and with the required evidence of inbound foreign currency.
Must I attend the Land Office in person?
You may appoint us by power of attorney on the Land Department form, properly certified — and legalised if executed abroad.
Related services
Other practice areas
Litigation & Court RepresentationCivil, criminal, labour, family, succession and land disputesCorporate & CommercialIncorporation, contracts, foreign business, BOI and complianceImmigration & Foreign NationalsVisas, work permits, residency and lawful statusIntellectual PropertyTrademarks, copyright, patents and enforcementFamily & SuccessionMarriage, divorce, custody, wills and estate administrationMediation, Arbitration & EnforcementResolving disputes outside court and making awards effectiveNotarial Services & International DocumentsSignature and document certification, translation, consular and embassy legalisationBOI Promotion & Foreign Business LicensingStructuring foreign investment in Thailand correctly from day one.Tax, Accounting & Employer ComplianceKeeping every statutory tax and accounting deadline under control.PDPA & Data Protection ComplianceBuilding data protection practices that match Thailand’s PDPA.Condominium & Foreign Property OwnershipChecking title, documents and transfer before a major payment is made.Employment & Labour LawAdvising employers and employees under the Labour Protection Act.Integrated Legal Support ServicesInterpreters, documents, agency runs and case tracking in one place.Judgment Enforcement & Asset TracingTurning a judgment into actual recovery through lawful tracing, seizure and attachment.M&A & Legal Due DiligenceChecking what you are buying and structuring the deal so it can actually close.Administrative Law & Appeals Against State DecisionsChallenging unfair administrative decisions through the correct procedure and deadlines.Cybercrime, Online Fraud & Asset RecoveryActing quickly when money is transferred by deception or rights are violated online.Company Secretarial & Corporate RegistrationsKeeping registrations, meetings and statutory records complete and on time.Wills, Succession & Estate AdministrationDrafting wills that hold up, and administering estates correctly under Thai law.Monthly Retainer Counsel for Businesses & ExpatriatesA standing legal team that knows your business, without hiring in-house staff.
Speak with an attorney about your matter
Tell us the facts and we will explain the options, the documents required and the realistic timeframe before you decide.