Chapter 4: Issuance of Documents Showing Rights in Land

The issuance of title deeds shall be carried out in accordance with this Code.

Where the issuance of title deeds is carried out by way of a cadastral survey, it shall be done in the area designated by a ministerial regulation.

Where the issuance of title deeds is carried out upon application by a person with rights to possess the land, it shall be done in accordance with the provisions of this Chapter.

The format of title deeds and certificates of utilization shall be as prescribed by the Director-General of the Department of Lands, with the approval of the Minister.

The title deed and certificate of utilization shall contain the following:

1. The emblem of the Garuda;
2. The name of the document;
3. The serial number and volume number;
4. A description of the land parcel including its location;
5. The name of the rights holder;
6. A map or diagram showing the boundaries of the land;
7. The signature of the issuing official.

Each title deed must contain the following specific identifying information:

1. The land parcel number;
2. The survey page number;
3. The district, sub-district, and province in which the land is situated;
4. The area of the land;
5. The name and particulars of the owner;
6. The rights and encumbrances registered against the land, if any;
7. The date of issuance.

Any change in the particulars stated in the title deed shall be recorded by the competent official on the title deed and on the duplicate held at the land office.

Where the issuance of title deeds is carried out by way of a cadastral survey, the following procedures shall apply:

1. The Director-General shall publish a notice in the Government Gazette specifying the area to be surveyed and the time period for the survey;
2. The Provincial Governor shall cause the notice to be posted at the district office, the sub-district office, and in the village where the land is situated, at least thirty days before the commencement of the survey;
3. Land occupants in the designated area shall identify their land boundaries and be present during the survey, or appoint a representative;
4. Upon completion of the survey, the survey results shall be publicly posted for not less than thirty days for inspection and objection;
5. After the objection period has elapsed without objection, or after objections have been resolved, the competent official shall issue the title deed.

When the cadastral survey team enters the designated area, the occupant of each land parcel or their representative shall identify the boundaries of their land to the survey team. The land occupant shall also provide evidence of their right to possess or utilize the land.

If the occupant fails to appear to identify the boundaries without reasonable cause, the survey team may proceed with the survey based on available evidence, including information from neighboring landholders and existing records at the land office.

The cadastral survey shall be completed within the time period specified in the Government Gazette notice. If the survey cannot be completed within the specified period, the Director-General may extend the survey period by publishing an additional notice.

The scope of the cadastral survey shall encompass all land parcels within the designated area, whether or not they are the subject of existing possessory certificates or other land documents.

Where a land parcel within the surveyed area has no occupant or no person comes forward to claim rights over it, the survey team shall record the parcel as State land. Such land shall not be the subject of a title deed issuance and shall remain under the ownership and control of the State in accordance with Section 2 of this Code.

Where the cadastral survey reveals that the boundaries of two or more land parcels overlap, the survey team shall attempt to mediate between the parties. If the parties cannot reach agreement, the matter shall be referred to the committee established under Section 58/5 for adjudication.

Pending resolution of the boundary overlap, the competent official shall not issue a title deed for the disputed portion of the land.

There shall be a committee to review and adjudicate disputes arising from the cadastral survey process. The committee shall consist of:

1. A representative of the Department of Lands as chairperson;
2. A representative of the provincial administration;
3. A representative of the district administration;
4. Not more than two persons of appropriate knowledge and experience appointed by the Provincial Governor.

The committee shall investigate the facts, hear the parties, and render a decision. The decision of the committee shall be final unless a party brings the matter to court within sixty days of being notified of the decision.

The survey team shall maintain complete records of the cadastral survey, including survey maps, field notes, boundary markers, and the identity of persons who identified each parcel. These records shall be kept at the provincial land office and shall be made available for public inspection.

Duplicate copies of all survey records shall be sent to the Department of Lands headquarters for central archiving.

Upon completion of the survey and expiration of the objection period, or upon resolution of all objections, the Provincial Land Office shall submit the survey results to the Director-General for final approval.

Upon receiving approval from the Director-General, the competent official shall issue title deeds to the rightful occupants. The title deeds shall bear the date of approval and shall be delivered to the rights holders upon their signing an acknowledgment of receipt.

Any person who occupies and utilizes land for which no title deed has yet been issued may apply for a title deed at the land office having jurisdiction over the area where the land is situated.

The applicant shall submit the following:

1. An application form prescribed by the Department of Lands;
2. Evidence of the right to possess the land, such as a certificate of utilization (Nor Sor 3), a possessory certificate (Sor Kor 1), tax receipts, or other documentary evidence;
3. Evidence of identity;
4. A sketch map showing the approximate boundaries and location of the land.

Upon receiving the application, the competent official shall arrange for a survey of the land. The applicant shall bear the costs of the survey in accordance with the fee schedule prescribed under this Code.

After the survey is completed, the competent official shall post a public notice at the district office, the sub-district office, and in the village where the land is situated for a period of not less than thirty days. If no objection is filed within that period, the competent official shall issue a title deed to the applicant.

Any person who claims that the issuance of a title deed would infringe upon their rights may file an objection with the competent official within the period specified in the public notice.

The objection must be in writing and must state the grounds for the objection and the evidence supporting the claim.

Upon receiving an objection, the competent official shall investigate the matter and may summon the parties and witnesses for inquiry. If the competent official is unable to resolve the dispute, the matter shall be referred to the committee for adjudication.

If the objector fails to bring the matter to court within sixty days after receiving notice of the committee's decision adverse to the objector, the competent official shall proceed with the issuance of the title deed.

If a title deed or certificate of utilization has been issued wrongly or erroneously, or has been issued unlawfully, the Director-General shall have the power to order cancellation or amendment of such title deed or certificate.

Before issuing an order of cancellation or amendment, the Director-General shall cause an investigation to be conducted and shall give the holder of the title deed an opportunity to present evidence and arguments in their defense.

The order of the Director-General under this Section may be appealed to the Minister within thirty days from the date the affected person receives notice of the order. The decision of the Minister shall be final.

The provisions of this Section shall not affect the rights of a bona fide purchaser for value who has acquired the land in good faith and has registered the transfer in accordance with this Code.

Where a title deed or certificate of utilization has been lost, destroyed, or damaged to the extent that its contents are illegible, the holder may apply to the competent official for the issuance of a replacement document.

The application for a replacement shall be accompanied by:

1. A written statement describing the circumstances of the loss, destruction, or damage;
2. A police report, in the case of loss or theft;
3. The damaged original document, if available;
4. Evidence of identity of the applicant.

Upon receiving the application, the competent official shall post a public notice at the land office and at the district office for a period of not less than thirty days. If no objection is filed, the competent official shall issue a replacement document bearing the annotation "Replacement" (ใบแทน). The replacement document shall have the same legal effect as the original.

A title deed or certificate of utilization may be cancelled in the following cases:

1. Where the land has been expropriated by the State;
2. Where the owner has voluntarily surrendered the land to the State;
3. Where the title deed has been cancelled by order of the Director-General under Section 61;
4. Where a court has ordered the cancellation of the title deed;
5. Where the land has been wholly absorbed by natural causes such as river erosion or submersion.

Upon cancellation, the competent official shall record the cancellation on the duplicate title deed held at the land office and shall notify the holder of the cancellation.

The provisions of this Chapter relating to the issuance of title deeds shall apply, mutatis mutandis, to the issuance of certificates of utilization (หนังสือรับรองการทำประโยชน์).

A certificate of utilization may be issued for land which a person is occupying and utilizing, but for which the issuance of a title deed is not yet possible due to the land not having been the subject of a cadastral survey or for other reasons prescribed by ministerial regulation.

The certificate of utilization shall state the name of the person utilizing the land, the location and approximate area of the land, and the nature of utilization. It shall be signed by the competent official and shall be valid as evidence of the right to utilize the land.

Where a certificate of utilization is accompanied by an aerial survey map (น.ส.3 ก.), the boundaries identified in the aerial survey shall serve as the presumptive boundaries of the land.