Last updated on August 3, 2026
You sold land, kept the title deed as security until the buyer paid in full — and the buyer simply told the Land Office the deed was “lost”, obtained a replacement, and sold the property to someone else. Supreme Court Decision (Dika) No. 914/2569, published in July 2026, shows exactly how Thai criminal law deals with this scheme: convictions under Sections 267 and 268 of the Penal Code, a real prison sentence, and full compensation for the victim inside the criminal case under Section 44/1 of the Criminal Procedure Code. Here is what every property buyer and seller in Thailand should learn from it.
The facts: a “lost” chanote that was never lost
The defendant bought land with a commercial building for 6,000,000 baht but paid only 1,000,000 baht up front. The transfer was registered and the title deed (chanote) was issued in the defendant’s name — but, as agreed, the seller kept physical possession of the deed until the price was paid in full. Instead of paying the remaining balance, the defendant filed a false report with the authorities claiming the title deed had been lost, used that report to obtain a replacement deed from the Land Office, and then sold the property to a third person — still owing 4,800,000 baht to the seller. After the seller passed away, the administrator of her estate pursued the case.
The offences: Penal Code Sections 267 and 268
The Supreme Court upheld the conviction on two counts. Under Section 267 of the Penal Code, it is an offence to give false information to an official causing that official to record a false statement in an official document — here, telling the police and the Land Office that the deed was lost when the seller was lawfully holding it. Under Section 268, it is a further offence to make use of the document that resulted — the replacement title deed — as the defendant did when he resold the property.
The courts imposed a 4-month term of imprisonment and, importantly, declined to suspend the sentence. Thai courts often suspend short prison terms for first offenders, but deliberate, planned dishonesty around land titles was treated as serious enough to require actual imprisonment.
Compensation inside the criminal case: Section 44/1 CPC
The second lesson is procedural, and it saves victims years of litigation. Under Section 44/1 of the Criminal Procedure Code, when the public prosecutor brings a criminal case, the injured person may apply within that same criminal case for compensation for the injury caused by the offence — no separate civil lawsuit, no separate court fees on the claim. In Dika 914/2569 the Supreme Court confirmed the estate administrator of the deceased victim could use this route, and ordered the defendant to pay the outstanding 4,800,000 baht. For an overview of how Thai criminal proceedings work for foreigners, see our plain-English guide to criminal law in Thailand.
The real vulnerability: holding the paper deed is not enough
This case exposes a widespread misunderstanding. In Thailand, ownership of titled land follows the register at the Land Office, not possession of the paper chanote. Holding the buyer’s deed as “security” is a common informal arrangement in private sales and family deals — and this decision shows its weakness: the registered owner can declare the deed lost and obtain a replacement, and the replacement is fully effective to deal with the land. The seller’s protection here came from the criminal courts after the damage was done, against a defendant who may or may not be able to pay.
Safer alternatives when the price is paid in instalments
| Arrangement | How it works | Protection level |
|---|---|---|
| Holding the buyer’s paper deed | Seller keeps the chanote until full payment | Weak — a replacement deed can be obtained, as in Dika 914/2569 |
| Registered mortgage back to the seller | Transfer is registered together with a mortgage securing the unpaid price | Strong — the mortgage appears on the title and binds later buyers |
| Transfer only on full payment | Ownership stays with the seller; parties sign a sale contract with scheduled payments | Strong — buyer gets title only when the price is paid |
| Escrow arrangement | Funds and documents exchanged through an escrow agent at completion | Strong — payment and transfer happen simultaneously |
Lessons for buyers, sellers and expats
For sellers: never rely on holding the deed as your only security. Register a mortgage over the property for the unpaid balance, or do not transfer until you are paid. The registration system will always outrank the paper in your safe.
For buyers: before you buy, check the title at the Land Office — including whether the deed presented is an original or a replacement, and whether any mortgage, usufruct or other encumbrance is registered. A recently issued replacement deed on a property with an unpaid seller in the background is a red flag worth investigating. Our guides on Thai title deeds (chanote, Nor Sor 3) and buying property in Thailand as a foreigner explain what to verify, and our article on transferring property in Thailand walks through the Land Office procedure itself.
For expats especially: foreigners are disproportionately targeted in informal deals — condo resales, leasehold assignments, purchases through a Thai spouse — precisely because they are less likely to check the register or to pursue a criminal complaint from abroad. Dika 914/2569 is encouraging: Thai courts do imprison title-deed fraudsters and do award full compensation to victims, including through an estate when the victim has died. But prevention at the Land Office is always cheaper than prosecution.
Frequently asked questions
Is it a crime to falsely report a title deed lost in Thailand?
Yes. Falsely informing officials that a deed is lost, causing an official record and a replacement deed to be issued, is an offence under Penal Code Section 267, and using the replacement deed is a separate offence under Section 268. In Dika 914/2569 this led to an unsuspended 4-month prison sentence.
Can a fraud victim claim money in the criminal case itself?
Yes. Section 44/1 of the Criminal Procedure Code lets the injured person claim compensation within the prosecutor’s criminal case. The victim in this case recovered the full 4,800,000 baht owed without a separate civil action.
Does keeping the chanote stop the registered owner from selling?
No. Ownership follows the Land Office register. The registered owner can report the deed lost, obtain a replacement and deal with the land. Keeping the paper deed is, at best, a practical inconvenience to a dishonest owner.
What should a seller do if the buyer has not paid in full?
Either delay the transfer until full payment, or register a mortgage in the seller’s favour at the moment of transfer. Both appear on the register and protect against resale.
Can heirs continue a fraud claim if the victim dies?
Yes. As Dika 914/2569 shows, the administrator of the victim’s estate can pursue the criminal case’s compensation claim on behalf of the estate.
How can I check if a Thai title deed is a replacement?
A title search at the Land Office shows the deed’s issuance history and all registered encumbrances. A lawyer can obtain and interpret this before you pay anything.
This article was written and reviewed by Sebastien H. Brousseau, LL.B., B.Sc., who has practiced law in Thailand since 2004. If you are buying or selling Thai property, suspect title fraud, or need representation in a criminal or civil property dispute, contact ThaiLawOnline for a consultation in English or French.
Disclaimer: this article is general legal information based on a published Supreme Court decision summary, not legal advice. Outcomes depend on the specific facts of each case; consult a qualified Thai lawyer about your situation.
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