Chapter 6: Recording of Rights and Legal Acts

A land official shall be a competent officer for right and juristic

act registration concerning immovable properties under the Civil and Commercial Code for

immovable properties located in the locality of such provincial land office or land branch

office.

If the provincial land office or land branch office has introduced information

technology and communication system into right and juristic act registration, a land official

shall also be a competent officer for right and juristic act registration concerning immovable

properties under the Civil and Commercial Code through information technology and

communication system for immovable properties located in a locality of other provincial

land offices or land branch offices, except registration that requires an announcement or

survey, in accordance with the rules and procedure prescribed and published by the

Director-General in the Government Gazzette.55

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

For any person wishing to effect a right and juristic act

registration concerning immovable properties under the Civil and Commercial Code, the parties

shall bring a land right document to effect registration with the competent officer under

Section 71.

In applying for right and juristic act registration under paragraph one for land

with a title deed, certificate of investigation (bai tai suan) or certificate or utilization, the

parties may file an application with the competent officer at the Department of Lands or

any land office for the competent officer under Section 71 to effect registration, except

registration that requires an announcement or survey.

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

When it appears to the competent officer that the juristic act

applied for registration by the parties is a void act, the competent officer needs not effect

registration.

If the juristic act applied for registration by the parties appears to be a

voidable act, the competent officer shall effect registration if the party who may suffer

damage insists on registration.

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

In proceeding with right and juristic act registration by the

competent officer under Section 71, the competent officer shall have the power to inquire

the parties and require persons involved to make a statement or submit relevant

documents and evidence as necessary, and the competent officer shall then proceed as

appropriate in the circumstances.

If it is believable that an application for right and juristic act registration will

be an avoidance of law or that any person will purchase land for the benefit of an alien, an

order of the Minister shall be obtained. The Minister’s order shall be final.

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

In proceeding with right and juristic act registration concerning

land with a title deed or certificate of utilization, the land official shall record the agreement or

execute an agreement concerning therewith, as the case may be, and shall enter its material

contents in the land office’s copy and land owner’s copy of title deed or certificate of

utilization correspondingly.

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

In case of application for right and juristic act registration

concerning land for which the competent officer has conducted investigation and survey

and boundary marking, but has not issued a title deed, application for registration shall be

made with the competent officer under Section 71.

The registration referred to in the preceding paragraph shall be recorded in

the certificate of investigation (bai tai suan) mutatis mutandis in accordance with the

procedure for right and juristic act registration concerning land with a title deed.

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

For right and juristic act registration concerning other lands or

immovable properties, if this Code does not provide otherwise, it shall be made 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).

Application for right and juristic act registration for lands

acquired under Section 1382 of the Civil and Commercial Code or otherwise than a juristic

act for land with a title deed shall be made 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).

A person having right to land who wishes to divide his land

into several plots or to combine several plots of land into a single plot shall file an

application together with the land right document of such land with the competent officer

under Section 71.

For the purposes of this Section, Section 69 bis shall apply mutatis

mutandis, and if right and juristic act registration is required, such registration shall be

effected first and then a new land right document shall be issued.

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

In case of removal of mortgage or removal of sale with right of

redemption for land with a land right document or other immovable property, after the

mortgagee or the buyer has executed written evidence that removal has been made, the

person entitled to the removal or person having right to the immovable property shall bring

the evidence of such removal to apply for registration of the removal with the competent

officer.

After the competent official has verified it as accurate, registration shall be

effected on the land right document or right and juristic act register concerning immovable

property to show such removal.

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

In applying for registration of right concerning immovable

property acquired by inheritance, the heir shall bring evidence for the land or land right

document or other evidence involving immovable property together with evidence of

inheritance to file an application with the competent officer under Section 71. If the land

right document is kept by other person, the competent officer shall have the power to

demand such land right document.61

After the competent officer has examined the evidence and believes that

the applicant is the heir, an announcement shall be made in writing and posted at a

conspicuous place for thirty days at the land office, khet office or district office, or sub-

district office, municipality office, tambol administration organization office, kwang office or

kamnan’s office, village headman’s office of the locality where the immovable property is

located, and on such immovable property, one copy for each place, and the competent

officer shall send a letter enclosing such announcement to the persons notified by the

applicant as being heirs and not coming on the date of filing the application to inform them

as may be practicable. If there is no heir entitled to the estate who raises objection within

13) B.E. 2556 (2013).

the period of the announcement and there is believable evidence that the applicant is

entitled to the estate, the competent officer shall effect registration based on the legal

entitlement evidence produced by the applicant, in accordance with the rules and

procedure prescribed in the ministerial regulations.62

If there is an heir entitled to the estate and raising objection, the competent

officer shall have the power to investigate the parties and to require any persons to make a

statement or to submit relevant documents as necessary, and the competent officer shall

make a settlement. If settlement cannot be reached, the competent officer shall give an

order as deemed appropriate.

After the competent officer gives an order, the parties shall be informed of

the same, and the dissatisfied party shall file a lawsuit with the court within 60 days from

the date of receipt of notification of the order. If such person fails to file a lawsuit with the

court and produce to the competent officer within the said period evidence of filing a

lawsuit together with a copy of the complaint concerning his entitlement to the estate, it

shall be proceeded as ordered by the competent officer.

If the heir has filed a lawsuit with the court within the period under

paragraph four, or another heir entitled to the estate has filed a lawsuit concerning his

entitlement to the estate with the court before the competent officer effects right and

juristic act registration of the inheritance, after such person has produced evidence of filing a

lawsuit together with a copy of the complaint to the competent officer, the competent

officer shall suspend the registration. After the court has rendered a final judgement or

order, it shall be proceeded in accordance with such judgement or order.

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

Any person wishing to apply for registration of the name of the

administrator in the land right document or wishing to apply for registration of the name of

the administrator in the right and juristic act register concerning immovable property shall

file an application together with the land right document or other evidence concerning such

immovable property and evidence of being an administrator, with the competent officer

under Section 71. If he is an administrator by court order, the competent officer shall effect

registration as applied for. However, in case of an administrator in other case, the competent

officer shall investigate and examine evidence, and the provisions of paragraph two of

Section 81 shall apply mutatis mutandis. If there is no objector, the competent officer shall

13) B.E. 2556 (2013).

register the name of the administrator in such land right document or in the right and juristic

act register concerning immovable property. However, if there is an objector, the matter

shall be suspended and the parties shall be advised to file a lawsuit with the court. After

the court has rendered the final judgement or order, it shall be proceeded in accordance

with such court judgement or order.

If an administrator whose name already appears in the land right document

applies for registration of right to land or registration of right to land together with other

immovable property in combination with such land for an heir, or if an administrator whose

name already appears in the right and juristic act register concerning immovable property

applies for registration of right to other immovable property for an heir, the competent

officer shall effect registration pursuant to the application without having to make an

announcement under Section 81.

In case of a trustee of a trust already legally established applies for

registration as a trustee, after investigation of evidence by the competent officer, registration

shall be effected.

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

Any person having an interest in any land for which a lawsuit

may be filed to enforce registration or to enforce a change in the register and who wishes to

apply for attachment of land shall file an application with the competent officer under

Section 71.

After the competent officer has investigated the documents and evidence

produced by the applicant, if he considers them reliable then attachment shall be made for

a period of 30 days from the date of the order of attachment. After expiration of such

period, the attachment shall be deemed terminated and such person may not apply for a

re-attachment in the same case.

If an interested person objects that such attachment is unlawful, the

competent officer shall have the power to investigate evidence as necessary. If it is

believed that the attachment was made unlawfully, the competent officer shall have the

power to order cancellation of such attachment and shall notify the attachment applicant

of the same.

DETERMINATION OF RIGHT TO LAND FOR RELIGIOUS PURPOSES

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