Chapitre 4 : Délivrance de documents attestant des droits fonciers

Subject to Section 56/1, the forms, rules and procedure for

issuance of a pre-emption certificate, certificate of utilization, certificate of investigation (bai

tai suan) or title deed, including a substitute therefor, shall be as prescribed in the

ministerial regulations.

Unofficial translation, Office of the Council of State, as amended to Act No.13, B.E. 2556 (2013).

In issuing a title deed or certificate of utilization, if it is

land that is adjacent to, overlapping, or is within, the State’s land where there has been an

aerial photomap or aerial photograph, it may be issued by the competent officer only when

there has been an examination against the aerial photomap or aerial photograph last made

by the authorities that it be the land that a title deed or a certificate of utilization thereof

can be issued, or an examination by other method, in accordance with the regulations laid

down by the Director-General.

Unofficial translation, Office of the Council of State, as amended to Act No.13, B.E. 2556 (2013).

A title deed and certificate of utilization shall contain the

following essential particulars: name, surname, and address of the person with right to the

land, location of land, its area, such plot of land’s map showing the adjacent lands on the

four directions. The provincial land official, provincial branch land official or land official

assigned by the Director-General shall affix signature and official seal thereon, and there

shall also be a registration index.

The title deed and certificate of utilization shall be made in duplicate, one

copy to be held by the person with right to the land and the other to be kept at the land

office. As for the copy kept at the land office, it may be a photocopy or stored by means of

information and communication technology system which, in this case, shall be regarded as

if it were the original.40

Unofficial translation, Office of the Council of State, as amended to Act No.13, B.E. 2556 (2013).

When the Minister deems it appropriate to issue title deeds or

certificates of utilization in any province in any year, he shall announce the province for

which a survey, mapping or investigation of utilization will be made that year in the

Government Gazette. The areas of the province specified by the Minister shall not include

the areas designated by the authorities as permanent forests.

After the announcement of the Minister under paragraph one, the Provincial

Governor shall specify the locality and the commencement date for pedestrian survey in

that locality by posting announcement at the land office, district office, sub-district office,

kamnan’s office and village headman’s office of the locality not less than thirty days before

the date of commencement of the survey.

After the announcement of the Provincial Governor under paragraph two,

the person under paragraph two of Section 58 bis or his representative shall escort the

competent officer or a person assigned by him to make a survey and mapping or to

investigate the utilization of his land on the day and at the time appointed by the

competent officer.

The land official has the power to appoint a person trained in investigation

of land utilization as an official to perform such investigation on his behalf for the purposes

of pedestrian survey and investigation of utilization in order to issue a certificate of

utilization.

In performing the function assigned under paragraph four, that official shall

be deemed an official under the Penal Code.

Unofficial translation, Office of the Council of State, as amended to Act No.13, B.E. 2556 (2013).

Ater the survey, mapping or investigation of land

utilization in accordance with Section 58, the competent officer shall issue a title deed or

certificate of utilization, as the case may be, to the person under paragraph two when it

appears that a title deed or certificate of utilization can be issued for the land possessed by

such person in accordance with the provisions of this Code.

The persons to whom the competent officer can issue a title deed or

10) B.E. 2550 (2007).

certificate of utilization under paragraph one are:

(1) a person who has evidence of notification of his possession of land,

pre-emption certificate, certificate of utilization, pre-emption certificate title deed, pre-

emption certificate stamped “has been utilized”, or who has right to land under the law on

land allocation for livelihood;

(2) a person who has complied with Section 27 ter;

(3) a person who possesses and utilizes the land after the effective date

of this Code without a pre-emption certificate, or any evidence of right under the law on

land allocation for livelihood.

For the purposes of this Section, a person having evidence of notification of

his possession of land under paragraph two (1) shall include a person who has possessed

and utilized the land subsequently to such person.

A title deed or certificate of utilization, as the case may be, of a parcel of

not more than 50 rai of land shall be issued to the person under paragraph two (2) and (3).

In the case where the title deed or certificate of utilization is issued on a parcel of more

than 50 rai of land, specific permission for each issuance shall be obtained from the

Provincial Governor in accordance with the regulations prescribed by the Commission.

Within ten years as from the date he received the title deed or certificate of

utilization in accordance with paragraph one, the person under paragraph two (3) who

acquires the right to the land is prohibited from transferring such land to other person

except by way of inheritance or transfer to a public body, government organization under

the law on establishment of government organizations, state enterprise established by an

Act, or transfer to a cooperative for performance of obligation with the approval from the

cooperative registrar.

Within the period of transfer prohibition under paragraph five such land is

not subject to execution.

Unofficial translation, Office of the Council of State, as amended to Act No.13, B.E. 2556 (2013).

When the Minister thinks fit to issue title deeds for

lands with certificates of utilization which use an aerial photograph sheet in any locality, the

Minister shall announce in the Government Gazette prescribing the said locality and the

date of commencement of issuance of title deeds, not less than thirty days in advance.

In mapping for issuance of a title deed under paragraph one, the evidence

concerning the aerial photograph sheet used with the certificate of utilization shall be

corrected according to aerial photograph mapping techniques without making a survey,

except in case of necessity where the land official shall carry out a survey.

On the date of commencement of issuance of title deeds under the

announcement of the Minister under paragraph one, any right and juristic act registration

which requires a survey for lands with certificates of utilization by using an aerial photograph

sheet in the said locality shall be suspended, except in case of necessity where the land

official may grant a permission in each individual case, in accordance with the regulations

prescribed by the Commission.

Issuance of a title deed under this Section shall be made to a person whose

name is included in the certificate of utilization as the entitled person.

Upon title deeds for any parcels of land having been prepared and ready for

distribution, the land official shall post an announcement stating the date of distribution of

such title deeds to the persons entitled and it shall be regarded that a certificate of

utilization for such a parcel of land is cancelled from the date of distribution of title deeds

under the said announcement, and the cancelled certificate of utilization shall be

surrendered to the land official, unless it is lost.

Unofficial translation, Office of the Council of State, as amended to Act No.13, B.E. 2556 (2013).

Where a person who has land possessory right applies for

issuance of a title deed or certificate of utilization as an individual case whether there is an

announcement of the Minister under Section 58 or not, the competent officer shall arrange

for issuance of a title deed or certificate of utilization, as the case may be, in accordance

with the rules and procedure prescribed in this Code if he thinks appropriate.

For the purposes of this Section, a person having land possessory right

under paragraph one shall include any person who has possessed and utilized the land

subsequently to the person having the evidence of notice of possession.

Unofficial translation, Office of the Council of State, as amended to Act No.13, B.E. 2556 (2013).

If a person who has possessed and utilized land before

this Code comes into force without a land ownership document and without giving notice of

possession in accordance with Section 5 of the Act Promulgating the Land Code B.E. 2497,

but excluding any person who does not comply with Section 27 ter, needs to apply for

issuance of a title deed or certificate of utilization as an individual case, the competent

officer shall, upon appropriate consideration, issue a title deed or certificate of utilization, as

the case may be, in accordance with the rules and procedure prescribed in this Code,

provided that the amount of land shall not exceed 50 rai. If it exceeds 50 rai, the approval

of the Provincial Governor shall be obtained in accordance with the regulations specified by

the Commission.

For the purposes of this Section, the person who has possessed and utilized

land under paragraph one shall include any person who has possessed and utilized the land

subsequently to such person.

Unofficial translation, Office of the Council of State, as amended to Act No.13, B.E. 2556 (2013).

In issuing the title deed or certificate of utilization, if it

appears that the area of land found under the new survey is different from that appearing in

the notice of possession under Section 5 of the Act Promulgating the Land Code B.E. 2497,

the competent officer shall consider issuing a land right document to the extent of the

amount of land that has been utilized, in accordance with the regulations specified by the

Commission.

Unofficial translation, Office of the Council of State, as amended to Act No.13, B.E. 2556 (2013).

In issuing a title deed under Section 58 bis,

Section 58 ter and Section 59, if the original land right document contains particulars of

obligations or particulars of change of person having right to the land during the course of

issuance of the title deed, the said particulars shall be entered in the title deed as well.

Unofficial translation, Office of the Council of State, as amended to Act No.13, B.E. 2556 (2013).

In issuing a title deed under Section 58 bis and

Section 59, it shall be regarded that the original land right document is cancelled, and the

same shall be returned to the land official, unless it is lost.

Unofficial translation, Office of the Council of State, as amended to Act No.13, B.E. 2556 (2013).

In issuing a title deed or certificate of utilization, if there are

disputing claimants, the competent officer or the land official, as the case may be, shall

have the authority to investigate and weigh the claims. If an agreement can be reached,

steps shall be taken accordingly. If not, the provincial land official or the provincial branch

land official shall have the authority to decide as he deems appropriate.

When the provincial land official or the provincial branch land official makes

any decision, the parties to the matter shall be informed in writing of the same, and the

dissatisfied party may file a lawsuit with the court within sixty days from the day he is so

informed.

If a lawsuit has been filed with the court, the matter shall be suspended

until a final judgement or order is made by the court, whereupon steps shall be taken

accordingly. If no lawsuit is filed within the specified period, steps shall be taken according

to the order of the provincial land official or provincial branch land official, as the case may

be.

Unofficial translation, Office of the Council of State, as amended to Act No.13, B.E. 2556 (2013).

Where it appears that any title deed or certificate of utilization

has been issued, or right and juristic act registration regarding immovable property has been

effected, or document or particulars of immovable property registration have been

recorded, for any person inaccurately or unlawfully, the Director-General, or the person

assigned by the Director-General who is a Deputy Director-General or Inspector of the

Department of Lands, shall have the power to order a revocation or correction thereof.

Before proceeding under paragraph one, the Director-General, or the

person assigned by the Director-General under paragraph one, shall set up an investigation

committee, who shall have the power to demand, for consideration, the title deed,

certificate of utilization, documents which right and juristic act registration has been

effected, documents showing particulars of immovable property registration, or other

pertinent documents, and the interested persons shall be advised to accord them a

chance to object. If no objection is raised within thirty days from the date of advice, it

shall be assumed that no objection has been raised.

The committee investigating inaccurate or unlawful issuance of title deeds

or certificates of utilization shall at least comprise an administrative official and a

representative of the local administrative body or a local administrator of the locality where

the land is located, as committee members.

The investigation under paragraph two must be completed and forwarded

to the Director-General or the person assigned by the Director-General under paragraph one,

within sixty days from the date of issue of an order for an investigation. In case the

investigation committee cannot complete its investigation within the said timeframe, it shall

then report to the Director-General or the person assigned by the Director-General under

paragraph one the cause as to why the investigation could not be completed, so as to

request an extension of the period of time for investigation, in which case the Director-

General or the person assigned by him under paragraph one may order an extension of the

period for such investigation as necessary, but in no case shall it exceed sixty days.

The Director-General or the person assigned by him under paragraph one

shall complete his consideration within fifteen days from the date of receipt of investigation

report from the investigation committee under paragraph four. Upon the Director-General or

the person assigned by the Director-General under paragraph one having made any

consideration thereof, steps shall then be taken according to his decision.

In proceeding with revocation or correction under this Section, if no title

deed or certificate of utilization has been produced, it shall be regarded that such title deed

or certificate of utilization is lost. In this respect, the land official shall issue a substitute land

right document for further processing.

In the event of any inaccuracy due to writing or typing errors, for which clear

evidence is available, and the interested person has consented thereto in writing, the land

official shall have the power to make correction.

In case a final court judgement or order is issued for a revocation or

correction to be effected, the land official shall proceed in accordance with such court

judgement or order according to the procedure prescribed by the Director-General.

The setting up of the investigation committee, investigation, notice to the

interested person to raise an objection, and consideration for revocation or correction shall

be in accordance with the rules and procedure prescribed in the ministerial regulations.

Unofficial translation, Office of the Council of State, as amended to Act No.13, B.E. 2556 (2013).

After the court has made a final decision on a case involving

ownership of land for which a title deed has been issued, the court shall notify the land

official of the locality where the land is located of the results of such final court judgement

or order.

Unofficial translation, Office of the Council of State, as amended to Act No.13, B.E. 2556 (2013).

The owner of land whose title deed is endangered, damaged

or lost by any means whatsoever may apply for a substitute.

After the substitute has been issued, the original title deed shall be

cancelled unless otherwise ordered by the court.

The above-mentioned provisions shall apply mutatis mutandis to the

application for a substitute for a pre-emption certificate, certificate of utilization or certificate

of investigation (bai tai suan).

Unofficial translation, Office of the Council of State, as amended to Act No.13, B.E. 2556 (2013).

In case a title deed, certificate of investigation (bai tai suan),

certificate of utilization or pre-emption certificate kept at the land office is endangered,

damaged or lost, the competent officer under Section 71 shall have the power to demand

such land right document from the person having right to land for consideration and making

of a new one based on the original evidence.

Unofficial translation, Office of the Council of State, as amended to Act No.13, B.E. 2556 (2013).