Whether you are interested to buy or lease land in Thailand it is important to investigate the legal rights regarding the land you could receive by entering into an agreement. Thai law knows different land right classifications giving the beneficiary various levels of rights to land, ranging from occupation rights to full ownership rights.

As a potential buyer or lessee you should be aware of the fact that not all land rights grant a right to build a house on the land or can be even legally transferred. In this article we will review the land rights people may acquire in Thailand. We will review the different land classification rights in Thailand starting from the lesser rights up to full ownership rights.

What can you do with minor claims on land?
Minor claims on land are for example the Por. Tor. Bor. 5, the Nor. Sor. 2 and the Sor. Kor. 1. The Por. Tor. Bor. 5 is an evidence showing that the occupier of a land plot has been issued a tax number and has paid tax for using the benefit of the land. The issuance of Por. Tor. Bor. 5 is done without any survey by the authorities and grants no claim to the occupant. The document can be used as evidence towards proving possession against other private individuals, but not against the State. Another lesser claim is the Nor. Sor. 2. It serves to establish that the beneficiary has temporary rights to occupy the land. Nor. Sor. 2 certificates were issued on a transitional basis with the understanding that they would eventually be transformed into a certificate of use or full title ownership (please see below). If the respective land plot is under an evidence called Sor. Kor. 1 the holder of the document is entitled to occupy and utilize the land. The acquisition of a Sor. Kor. 1 is deemed the first step towards the issuance of a certificate of use or full title ownership (please see below). But still the Sor. Kor. 1 provides only a claim of ownership and not the right to ownership.

All lesser claims mentioned above have in common that no official permission to build a house may be granted on such land. Furthermore legally none of those documents are transferable except by inheritance. Only higher land rights will grant the right to build a house and are fully transferable. The highest claims on land are the Nor Sor Sam (NS-3) or certificate of utilization, the Nor Sor Sam Kor (NS-3K) or certified certificate of use and the Chanote (NS-4) claims.

What are the advantages of higher land rights?
The land title deeds Nor Sor Sam (NS-3) and Nor Sor Sam Kor (NS-3K) are legal land title certificates registered at and issued by the land department that show who has the right to possess the land and use the benefit of the land as an owner. Having such rights it is possible to register a lease, usufruct or sale at the land department. The name showing on such land title deed is the person who has the right to the land and has the legal right to possess the land. This right is recognized by law and can be used as evidence in any dispute.

The certificate of utilization or Nor Sor Sam (NS-3) shows that the owner has been granted the right to possess the land and use the benefit of the land as an owner, but these rights still have to be confirmed by the authorities. Despite the fact that the right is not yet confirmed, the law recognizes the right of possession of the NS-3 holder and the NS-3 may be used as evidence toward proving possession in any dispute. It can also be freely transferred and juristic acts may be registered on it. But as the right of possession evidenced by a NS-3 is not yet confirmed, any transaction or legal acts registered on a NS-3 must be published for 30 days to allow third parties to oppose the transaction.

The certified certificate of use or Nor. Sor. Sam Kor (NS-3K) is a certificate of possession as well. Like an NS-3, this document evidences the holder’s right to possess the land and obtain benefit from the land as an owner. But more than that, the NS-3K also evidences that the holder’s rights have been confirmed and certified by the authorities. As the right of use is confirmed, legal acts or transactions concerning the land do not need to be published. NS-3K claims have been more accurately surveyed than NS-3 and each plot of land is crossed referenced with a master survey of the area and a corresponding aerial photograph with points of reference on the map.

The Chanote title
Finally the Chanote title or Nor. Sor. 4 (NS-4) is the highest land title and mainly found in the more and longer developed areas of Thailand. Other than the land classification rights mentioned above the Chanote is the only land title deed certificate that offers full certified ownership of land. Land plots held under Chanotes are accurately surveyed and GPS plotted in relation to a national survey grid and marked by unique numbered marker posts set in the ground. Therefore Chanote titles are obviously the preferred title whether you buy or lease land in Thailand.

The Author of this article is Sebastian Kunz, Senior Associate at Limcharoen Hughes & Glanville (Phuket).

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It’s hot in Phuket, so how can we beat the heat?

Our bodies have the capacity to create a lot of heat, particularly internal heat. We normally cool ourselves by sweating, radiating this heat out through our skin and by our normal breathing. Under some circumstances, such as the unusually high temperatures found in the tropics, coupled with high humidity and vigorous exercise, our natural cooling system may begin to fail, allowing internal heat to build up, sometimes to dangerous levels. This increased heat manifests itself in various forms, from heat rash, heat cramps and heat exhaustion, to the potentially lethal heatstroke.

Heat rash is very common here in Phuket. It’s sometimes referred to as prickly heat, sweat rash or miliaria, and new Phuket residents and visitors may find that they develop this condition, as they become accustomed to the heat and humidity. A rash of red or pink dots is generally found on the body, particularly those areas covered by clothing. The dots can look like pimples. It occurs because the sweat ducts become blocked and swell, which can cause discomfort and itching. The rash areas may get irritated by clothing or scratching, and a skin infection will then occur. Most heat rashes heal themselves without problems, with the use of common treatments readily available from supermarkets and pharmacies. Good personal hygiene is also important. If you think you’ve an infection, you should seek medical advice.

Heat cramps occur in muscles after exercise because sweating causes the body to lose water, salt and minerals (electrolytes). The loss of salt and water affects the exercised muscles, which cramp and become painful. Leg muscles, such as the calf or thigh muscles, are usually the most affected. To prevent heat cramps, drink a rehydration or sports drink, such as Gatorade, or take the readily available ORS solutions that you mix with water. People who are adequately hydrated are less likely to experience heat cramps. It’s incorrect to take salt as this is absorbed slowly and is likely to cause stomach irritation. Taking salt can also aggravate the water loss problem, as it will pull fluid from the tissues into the blood system. If you get heat cramps whilst exercising, you should stop physical activity, gently massage and stretch the affected area. Don’t resume vigorous exercise until the heat cramps have gone, as it’s possible to tear and cause serious injury to muscle and soft tissue.

Many people get swollen hands, feet or ankles when they sit or stand for a long time while in a hot environment. This is referred to as heat edema. Heat causes the blood vessels to dilate, so that body fluid is moved into the hands or legs by gravity. The balance of salt in the body is also a risk factor for heat edema. If salt loss is less than normal, the increased salt level draws fluid by gravity into the hands and legs. Older adults have an increased risk of heat edema, especially if they’ve other medical conditions that affect their circulation. Heat edema is also common in women during pregnancy. The best treatment is to use gravity to put the excessive fluid back into the right places, so elevate your feet. This will reduce the swelling. If the edema becomes excessive, to the extent that it affects your daily activities, or it’s painful to walk, consult your doctor. He may give you some medication to get rid of the extra fluid, and correct any fluid balance problems that may become evident.

Heat exhaustion or sunstroke occurs when a person can’t sweat enough to cool the body. It generally develops when a person is working or exercising in hot weather. Symptoms of heat exhaustion include fatigue, weakness, headache, dizziness, and nausea, and skin that is cool, moist and pale, or flushed. Mild cases of heat exhaustion can be treated at home. Keep cool; air-conditioned spaces are best, and use cold towels and water to cool the body. Applying cold compresses to the head, armpits and groin is most effective.

Heat exhaustion can sometimes lead to heatstroke, which requires emergency treatment. Also known as ‘Core Temperature Emergency’, heat stroke is potentially fatal. In this condition, the body’s temperature regulation centre in the brain has been rendered inoperable, and the temperature continues to rise, causing eventual brain damage. Immediate active intervention is necessary to avoid coma and death. To treat heat stroke, immediate cooling of the body is required. Remove clothing. Use ice packs to the neck, groin and armpits. Cover with a wet sheet and use a fan or air-conditioning if available, and be prepared to resuscitate.

Taking minor precautions, drinking lots of fluid and replacing electrolytes can go a long way in beating the heat, particularly if you exercise. You should also remember that your urine output is a good indication of your hydration status, and as well as preventing kidney stones, drinking lots of fluid is generally good for you. If you’re only urinating every three to five hours, or if your urine smells offensive, or is not a light straw color, you aren’t drinking enough.

Peter Davison is the Manager International Services at Phuket International Hospital.
Tel: +66 (0)76 249400, Email: info@phuketinternationalhospital.com

Posted under Health, Lifestyle, Travel & Tourism