Reviewed by ThaiLawOnline, a licensed Thai law firm practising in Thailand since 2006. Thai lawyer of record: Wichuda Atthamethakon, LL.M., Thai Bar Licence 3149/2556.
Last updated on September 5, 2026
An encumbrance (ภาระติดพัน, phara tit phan, also charge or burden) is any right, claim or restriction attached to land or a condominium unit that limits what the owner can do with it and that survives a change of owner. In Thailand the encumbrances that matter are the ones registered on the back page of the title deed at the Land Office: mortgages, leases over three years, usufructs, superficies, rights of habitation, servitudes, court seizures and transfer restrictions. Whoever buys the property takes it subject to every one of them, which is why the back page is read before the price is agreed.
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How encumbrances are registered and why they bind
Thai land law is a registration system. Under the Civil and Commercial Code, real rights over immovable property (mortgage, lease over three years, usufruct, superficies, habitation, servitude) are enforceable against third parties only once registered, and the registration is written on the second page of the Chanote or Nor Sor 3 Gor. Each entry shows the date, the type of act, the parties, the area affected and the officer’s seal, in chronological order. A mortgage that has been redeemed is not erased but marked as discharged.
Because the buyer’s own registration is simply the next line on the same page, the buyer takes the land as the page describes it. A registered lease continues for its term against the new owner; a registered usufruct lets its holder stay for life; a mortgage still secures the old owner’s debt. An unregistered right binds only the person who granted it, which cuts both ways: it protects buyers, and it destroys the position of a foreigner who relied on an unregistered lease or a signed but unregistered usufruct.
Reading the back page before buying
Get a certified copy from the Land Office, not from the seller. The seller’s copy may be a photocopy of a deed that has since been mortgaged. The Land Office issues certified copies for a small fee to anyone who asks. The entries are in Thai and the abbreviations for the types of act are not obvious, so the page should be read by someone who knows them; the guide on how to read a title deed in Thailand explains the layout.
The usual findings on a resale are a bank mortgage, which the seller must discharge at the counter on transfer day with the buyer’s money; a lease to a tenant, which the buyer inherits; and, on villa estates, a servitude giving neighbours access. On a developer’s land, a project mortgage to the construction lender is normal, and the point to check is that the bank will release each unit on transfer.
Not every burden is on the deed. Unpaid land and building tax, unpaid condominium fees, tenants on leases of three years or less and squatters in occupation are found only by asking the local office and visiting the property. Court seizures are registered, but a pending lawsuit over the land is not, so a court search forms part of any due diligence.
Common encumbrances and their effect on a buyer
| Encumbrance | Registered under | Effect on a buyer |
|---|---|---|
| Mortgage | Sections 702 onwards | Land remains security until discharged; must be cleared at transfer |
| Lease over 3 years | Sections 538 and 540 | Tenant stays for the registered term, up to 30 years |
| Usufruct | Sections 1417 to 1428 | Holder keeps possession and income, usually for life |
| Superficies | Sections 1410 to 1416 | Holder owns the building on the land |
| Servitude | Sections 1387 to 1401 | Neighbour’s right of way or other use continues |
| Court seizure | Execution order | No transfer possible until lifted |
An encumbrance differs from a restriction on ownership. A mortgage or lease is a right belonging to someone else; a note that the land may not be transferred for a set number of years (common on land granted to farmers) is a limit on the owner and cannot be removed by paying anyone off. Both appear on the back page, and both stop a sale until dealt with.
Frequently asked questions
How do I check for encumbrances on a Thai title deed?
Ask the Land Office that holds the deed for a certified copy, quoting the deed number, and read the back page, where every registered right and juristic act is listed in date order with the officer’s seal. Do not rely on the copy the seller shows, which may predate a mortgage or lease.
Does a registered lease or usufruct survive a sale of the land?
Yes. Once registered on the title deed, a lease over three years, a usufruct, a superficies or a servitude binds every later owner for its registered term. The buyer acquires the land subject to it and cannot evict the holder. An unregistered right does not bind a buyer.
Can land with a mortgage be sold in Thailand?
Yes, but the mortgage stays on the land until it is discharged, so in practice the bank attends the transfer, receives the repayment from the purchase money and releases the mortgage at the same counter before the sale is registered in the buyer’s name.
See also: Mortgage, Servitude, Usufruct, Chanote, How to Read a Title Deed in Thailand and Property Due Diligence in Thailand.
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