Chapter 3: Delimitation of Rights in Land

The repeal of Sections 34–49 represents a major structural reform of the Land Code. These provisions originally gave the Director-General of the Department of Lands extensive powers over the disposition of state land, including the authority to sell, lease, or grant hire-purchase arrangements. Due to concerns about transparency and the need for more specialized regulation, these sections were repealed. Their subject matter is now addressed by dedicated legislation, including the State Land Management Act and related ministerial regulations.

Practitioners should be aware that any historical transactions conducted under the former Sections 34–49 remain valid, but all new state land allocation is governed by the replacement legislation. See also Thai Real Estate Law and Property Law Overview for further guidance.

Section 50 establishes the foundational procedure for acquiring rights in state-owned land. The application must be made to the competent official, typically at the provincial or district land office. This section is critical for anyone seeking to obtain occupancy rights (Sor Kor 1), utilization certificates (Nor Sor 3, Nor Sor 3 Gor), or title deeds (Chanote) over previously unallocated state land.

The requirement for specifying location, boundaries, and intended use reflects the State's interest in ensuring that land is allocated efficiently and in accordance with national land-use planning objectives. Foreigners should note that this provision does not override the general restrictions on foreign land ownership found in the Land Code and the Foreign Business Act.

See also: Thai Real Estate Law | Property Law Overview

Section 51 underscores the conditional nature of occupation permits for state land. The permission granted is not absolute; it comes with binding conditions that the occupier must observe. Common conditions include requirements to develop or cultivate the land within a specified period, restrictions on the type of structures that may be built, and limitations on transferring the occupation rights to third parties.

This section provides the legal basis for the government to revoke land rights when conditions are breached. In practice, revocation proceedings are initiated by the provincial land office and may be contested through administrative courts. See also Property Law Overview for details on administrative remedies.

Section 52 codifies two important limitations on land rights. First, it establishes the principle that subsurface rights are separate from surface rights. Even a holder of a full title deed (Chanote) does not automatically have rights to minerals, petroleum, or groundwater. These remain the property of the State and are regulated under laws such as the Minerals Act B.E. 2560 (2017) and the Petroleum Act B.E. 2514 (1971).

Second, the section imposes a general obligation not to use land in a manner that is harmful to the public or contrary to public order. This provision has been invoked in cases involving pollution, noise nuisance, and unauthorized industrial operations in residential areas. See Thai Real Estate Law for related environmental restrictions.

Section 53 is one of the most frequently litigated provisions of the Land Code. It provides an absolute prohibition against encroachment on public land, and any encroachment is void ab initio. This means that no prescriptive rights can be acquired over public land, regardless of how long the encroachment has persisted.

Public land includes roads, canals, waterways, communal grazing land, temple land, and land reserved for government use. The prohibition applies equally to Thai nationals and foreigners. Violations may result in both civil remedies (forced removal) and criminal prosecution under the Penal Code.

Buyers of land should always conduct thorough due diligence to verify that the land being purchased does not overlap with public land, as any title deed issued over public land is legally void. See Thai Real Estate Law | Property Law Overview

Section 54 imposes affirmative utilization obligations on holders of land rights, particularly those holding certificates of utilization (Nor Sor 3 and Nor Sor 3 Gor). The provision reflects Thailand's policy of preventing land speculation and hoarding by requiring that allocated state land be put to beneficial use.

In practice, land officers may conduct periodic inspections to verify that the land is being used as intended. If the holder has obtained a certificate for agricultural use but has left the land vacant, this may constitute a violation of Section 54 and could lead to revocation of the certificate under Section 55.

This section works in conjunction with Section 55 (loss of possessory rights) to create a comprehensive framework discouraging land abandonment. See also Thai Real Estate Law | Property Law Overview

Section 55 is a critical provision that directly addresses the consequences of land abandonment. It applies specifically to land held under certificates of utilization (Nor Sor 3 and Nor Sor 3 Gor), not to land held under full title deeds (Chanote). The distinction is important: a Chanote holder's rights are governed by the Civil and Commercial Code provisions on ownership, whereas Nor Sor holders have more conditional rights.

The twelve-month period for abandonment is measured from the date the holder last made beneficial use of the land. What constitutes "use" depends on the nature of the land and the purpose stated in the certificate. For agricultural land, seasonal planting is generally considered sufficient use. For residential land, habitation or active maintenance may be required.

Importantly, the former holder has no right to compensation when the certificate is cancelled. This distinguishes Section 55 revocations from expropriation under the Immovable Property Expropriation Act, where compensation is required.

Practitioners advising clients on land acquisition should note that purchasing land held under Nor Sor 3 or Nor Sor 3 Gor carries the inherent risk of revocation under Section 55 if utilization requirements are not met. Upgrading to a Chanote title deed, where possible, provides significantly stronger protection. See Thai Real Estate Law | Property Law Overview