Last updated on August 24, 2026
Two Supreme Court jurisdiction rulings published this month — Dika 212/2569 and Dika 213/2569 — answer a question that terrifies property buyers in Thailand: what happens when a government agency says the land under your home, or under your condominium project, belongs to the State? The answer decides which court you must sue in, what you must prove, and how long you will fight. This guide explains both decisions in plain English and what they mean for foreigners who own, lease or plan to buy property in Thailand.
Why State Land Claims Matter to Foreign Buyers
Thailand has large areas of State land: forest reserves, public domain land used by all citizens (such as grazing land, canals and roads), and property registered to government departments. Under Section 1304 of the Civil and Commercial Code, public domain property of the State cannot be privately owned, and under Section 1305 it cannot be transferred except by specific legislation. No matter how beautiful the title document looks, land that is legally State land can never become private land through occupation or purchase.
The problem is that the boundaries of State land were often surveyed decades ago, badly, or never at all. Families who occupied land since before the Land Code B.E. 2497 (1954) hold claims that collide with later State registrations. When the Treasury Department or a local authority registers a plot as State property — the certificate is called Nor Sor Lor (น.ส.ล.) — everyone inside the boundary suddenly finds their land documents frozen: no upgrade to a Chanote, no registered sale, no mortgage.
Buyers of houses, villas and even condominium units on islands and in resort areas inherit these risks. That is exactly what the two new Supreme Court rulings deal with.
Dika 212/2569: A Condominium, Six Owners and a State Property Certificate
In the first case, a condominium juristic person and six unit owners sued a subdistrict municipality, the subdistrict headman and the land official. The authorities had objected to land title applications and relied on a State property certificate (น.ส.ล.) covering land the plaintiffs said was theirs. The plaintiffs asked the court to order the objections withdrawn and the certificate revoked, while the authorities argued the land was public property used by all citizens.
The question was not yet who owns the land — it was which court decides. The dispute went to the committee that resolves conflicts of jurisdiction between the Courts of Justice and the Administrative Courts under the Act on Determination of the Competence of Courts B.E. 2542 (1999).
The ruling: this is a dispute over rights in land between the parties. Even though the defendants are government bodies, the heart of the case is “whose land is it?” — a classic civil question. It therefore belongs in the ordinary courts (Courts of Justice), not the Administrative Court, applying Section 9(1) of the Act on Establishment of Administrative Courts and Administrative Court Procedure B.E. 2542.
Dika 213/2569: Occupation Since 1935 Against a Treasury Registration
The second case is the mirror image. A private citizen had occupied and farmed about 12 rai since 1935 — long before the Land Code came into force. The Ministry of Finance later registered the wider area as State property, overlapping her holding and blocking any land document from being issued. She asked the court to revoke the State property registration itself and prohibit the agencies from interfering.
Here the committee ruled the opposite way: because the claim attacks the lawfulness of an administrative act — the registration of the area as State property — it is an administrative dispute under Section 9(1) of the Administrative Courts Act B.E. 2542, and belongs in the Administrative Court. The Land Code B.E. 2497 and the State Property Act B.E. 2562 (2019) frame what the agencies may register and how.
The Dividing Line: Which Court Hears Your Land Dispute With the State?
Read together, the two rulings draw a practical line that every owner should understand:
| Your situation | Real question in the case | Competent court |
|---|---|---|
| The State (or anyone) says your land is public land and you say it is private — a contest over ownership or possession | Who has the better right in the land? | Ordinary courts (Civil/Provincial Court) — Dika 212/2569 |
| You accept the framework but say an official act — a Nor Sor Lor registration, a survey, a revocation of your deed — was unlawful | Did the agency act lawfully within its legal powers? | Administrative Court — Dika 213/2569 |
| Your Chanote is revoked by the Land Department for being issued over State land | Usually both questions — strategy matters | Depends on how the case is framed; get advice before filing |
Filing in the wrong court can cost a year or more before the jurisdiction question is even settled — these two cases each went through the full committee procedure before anyone argued about the land itself. Framing the case correctly at the start is not a technicality; it is the difference between deciding the dispute and litigating about where to litigate.
What This Means Before You Buy
1. A title deed is the beginning of due diligence, not the end
A Chanote issued over State land is voidable no matter how many times it has changed hands. Serious property due diligence in Thailand checks the history of the parcel back to its first issuance, the surrounding State land registrations, and any forest reserve or public domain overlays — especially on islands and near beaches, where Dika 213/2569-type conflicts are common.
2. Know your document
The strength of your position differs radically between a Chanote, a Nor Sor 3 Gor and possession-only papers. See our guide to Thai title deeds, and if you are looking at land held only under Por Bor Tor 5 (ภ.บ.ท.5) — a tax receipt, not a title — understand that in a contest with a State registration the occupier usually loses.
3. Condominium buyers are not immune
Dika 212/2569 involved condominium unit owners. If the land under the project is contested, the juristic person and the owners are dragged into litigation collectively. Foreigners buying under the condominium quota should confirm the project’s land history, and house buyers should read how foreigners can legally own a house in Thailand while leasing or holding rights over the land.
4. Fraud and State claims often travel together
Deeds issued over State land are a classic product of title fraud, as the Supreme Court showed earlier this year in Dika 914/2569 on title deed fraud. If your deed’s history includes an unexplained first issuance in a protected area, treat it as a red flag.
If You Are Already in a Dispute
Act quickly and in the right order. Gather every document showing the chain of possession (ส.ค.1 filings, tax receipts, aerial photos, utility records). Identify precisely which official act harms you — an objection, a survey, a registration, a revocation — because that determines the forum and, in the Administrative Court, a strict filing deadline (generally 90 days from knowledge of the act for annulment cases). Then choose the forum deliberately: sue on ownership in the ordinary courts, or attack the administrative act in the Administrative Court. Our overview of the Thai court system explains how the two systems work side by side.
Frequently Asked Questions
Can the Thai government really take land that has a Chanote?
The State does not “take” it — it argues the Chanote should never have existed because the land was State land when the deed was first issued. If that is proved, the deed is revoked. Compensation is generally not payable to a buyer in good faith, which is why due diligence on the parcel’s history matters so much.
What is a Nor Sor Lor (น.ส.ล.)?
It is a certificate registering land as State property — for a government agency or as public domain land. It is not a private title deed. When a น.ส.ล. overlaps private claims, disputes like Dika 212/2569 and 213/2569 follow.
Which court do I sue in if officials block my title application?
It depends on the substance. If the real fight is over who has the better right in the land, the ordinary courts decide (Dika 212/2569). If you are challenging the lawfulness of the official act itself, the Administrative Court decides (Dika 213/2569). Many cases could be framed either way — take advice first.
Does long occupation defeat the State?
No. There is no adverse possession against State public domain land (Civil and Commercial Code, Sections 1304–1306). Pre-1954 occupation can support a claim that the land never became State land, which is what the plaintiff in Dika 213/2569 argues — but it must be proved, and the forum for that fight matters.
Can a foreigner be a party to these disputes?
Yes. Foreigners who own condominium units, hold registered leases, usufructs or superficies, or whose Thai spouse or company holds the land, are directly affected and can litigate in both court systems through counsel.
This article was written and reviewed by Sebastien H. Brousseau, LL.B., B.Sc., practicing law in Thailand since 2004. If a government agency has objected to your title, registered State property over your land, or you want a parcel’s history checked before you buy, contact ThaiLawOnline for a consultation in English or French.
Disclaimer: this article is general legal information based on published court decisions, not legal advice for your specific situation.
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