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Land Code Promulgating Act, B.E. 2497 (1954)

BHUMIBOL ADULYADEJ REX

Given on the 30 th day of November B.E. 2497

Being the 9 th year of the Present Reign

 

His Majesty King Bhumibol Adulyadej has been graciously pleased to proclaim that:

Whereas it is expedient to promulgate the Land Code;

Be it, therefore, enacted by the King, by and with the advice and consent of the Assembly of People's Representatives, as follows:

 

Section 1

This Act shall be called the ‘Land Code Promulgating Act, B.E. 2497 (1954)'.

Section 2

This Act shall come into force on and from the day following the date of its publication in the Government Gazette.

Section 3

The Land Code annexed to this Act shall take effect as from the 1st December B.E. 2497 (A.D. 1954).

Section 4

From the effective date of the Land Code, the following shall be repealed:

(1)
 The Temporary Pre-emption Certificate (Tra Chong) Act, the title of which was amended in R.S. 124 to read the Pre-emption Title Deed Issuance Act;
 
(2)
 The Land Title Deed Issuance Act R.S. 127;
 
(3)
 The Land Title Deed Issuance Act No. 2;
 
(4)
 The Land Title Deed Issuance Act No. 3;
 
(5)
 The Act Amending the Provisions of Section 25 of the Land Title Deed Issuance Act R.S. 127;
 
(6)
 The Reservation of Vacant Land as Public Domain Act B.E. 2478(A.D.1935) ;
 
(7)
 The Land Title Deed Issuance Act (No. 5) B.E. 2479 (A.D. 1936);
 
(8)
 The Act Controlling Land speculation by Partnerships and Limited Companies B.E. 2485 (A.D. 1942);
 
(9)
 The Land Title Deed Issuance Act (No. 7) B.E. 2486 (A.D. 1943);
 
(10)
 Act on Authorities in Charge of Recording of Rights and Juristic Acts Regarding Immovable Property under the Civil and Commercial Code B.E. 2486 (A.D. 1943);
 
(11)
 Act on Authorities in charge of Recording of Rights and Juristic Acts Regarding Immovable Property under the Civil and Commercial Code (No. 2) B.E. 2492 (A.D 1949);
 
(12)
 The Land Act in Regard to Aliens B.E. 2486 (A.D. 1943);
 
(13)
 The Land Act in Regard to Aliens (No. 2) B.E. 2493 (A.D. 1950); and
 
(14)
 All other laws, rules and regulations insofar as they are already provided in the Land Code or which are inconsistent with or contrary to the provisions thereof.
 

Section 5

Persons who have been in possession and have made use of land prior to the effective date of the Land Code without documents showing their rights in the land shall give notice of their possession to the District Officer of the locality within one hundred eighty days from the effective date of this Act according to the rules and procedure which the Minister shall prescribe through publication in the Government Gazette.

If a person possessing and making use of land who has a duty to give notice of his possession does not give notice within the time limit specified in the first paragraph, he shall be deemed to intend to abandon his right to possession of the land and the state shall have the power to dispose of it according to the land Code unless the Province Governor orders an extenuation in each particular case.

Notice of possession under this section in no respect gives rise to new rights in the person who gives notice.

Section 6

Persons lawfully possessing and making use of land prior to the effective date of the Land Title Deed Issuance Act (No. 6) B.E. 2479 (A.D. 1936) and transferees of the said shall have the right to apply for a title deed under the provisions of the Land Code. For persons who did not come into lawful possession of land between the effective dates of the Land Title Deed Issuance Act (No. 6) B.E. 2479 (A.D. 1936) and the Land Code under the laws in effect at the time, the issuance of land titles shall proceed under the rules and procedures prescribed by Ministerial Regulations and the Land Title Deed Issuance Act (No. 6) B.E. 2479 (A.D. 1936) shall remain in effect.

Section 7

Persons who have received authorisation to pre-empt land under the Land Title Deed Issuance Act (No. 6) B.E. 2479 (A.D. 1936) but have not yet received a certificate of use prior to the effective date of this Act shall be held to still have the right to apply for a certificate from the District Officer until the expiration of one hundred eighty days from the final day for pre-emption under the said Act.

In case the prescriptive period for pre-emption referred to in the first paragraph expires prior to the effective date of this Code, provided it appears that the land for which pre-emption authorization has been received is in such a state of use as to warrant application for a certificate of use as aforesaid, an application for such certificate may be filed with the District Officer within one hundred eighty days from the effective date of this Code. When the time limit has run, that land shall be deemed free of pre-emption unless the District Officer orders an extenuation in each particular case.

Section 8

Determination of whether land has been put to use or not shall proceed under the rules prescribed in Ministerial Regulations.

Persons authorized to pre-empt land but who have not yet received a certificate of use from the District Officer may not transfer such land except by way of inheritance.

Section 9

Land certified as to use by the District Officer may be transferred.

Section 10

Land reserved for use under the Reservation of Vacant Land as Public Domain Act B.E. 2478 (A.D. 1935) or under other laws prior to the effective date of the Land Code shall remain reserved.

Section 11

In areas where pre-emption title deeds and pre-emption certificates stamped “IN USE” have been issued prior to the effective date of the Land Code, the provisions of laws with regard thereto shall remain in effect insofar as they deal with survey procedure and the issuance of the aforesaid documents until title deeds are issued under the Land Code.

Section 12

Any person under a contract to buy or sell land or under a land hire-purchase contract prior to the effective date of this Act who registers it with the authorities in charge under Section 71 of the Land Code within one hundred twenty days from the effective date of this Act, shall when the sell or purchase under such contract takes place be deemed to have to same rights in the land as before the effective date of the Land Code.

Section 13

Any person who has pledged land prior to the effective date of this Act shall on redeeming it while the Land Code is in effect be deemed to have the same rights in the land as before the effective date of the Land Code.

Section 14

The District Officer shall have the power to proceed to the finish with application for pre-emption made by any person prior to the effective date of this Act to whom authorization has not yet been granted in accordance with the terms of the Land Title Deed Issuance Act (No. 6) B.E. 2479 (A.D. 1936).

Section 15

The Minister of Interior shall have charge and control for the execution of this Act and the Land Code, and shall have the power to appoint land officers and competent officials and to issue Ministerial Regulations for the execution of this Act and the Land Code.

Such Ministerial Regulations shall come into force upon their publication in the Government Gazette.

 

Countersigned by Field Marshal P. PIBULSONGKRAM, as Prime Minister.

 


--------------------------------------------------------------------------------

 

LAND CODE

-------------------

 

CHAPTER 1

General Provisions 

 

Section 1

In this Code:

“Land”
 the land surface everywhere and includes mountains, hills, streams, ponds, canals, swamps, marshes, waterways, lakes, islands and sea coast.
 
“Rights in land”
 ownership and also includes possessor rights.
 
“Pre-emption certificate”
 the document showing authorization of temporary occupation of land.
 
“Certificate of use”
 the document from the competent official certifying that land has already been put to use.
 
“Land particulars certificate”
 the paper showing the inquiry for the purpose of issuing a title deed and shall also include the plot identification slip.
 
“Title deed”
 the document showing ownership of the land and includes land title deed with map, pre-emption title deed and pre-emption certificate stamped “ALERADY PUT TO USE”.
 
“Survey”
 the survey and recording of boundaries or computation or area in order to determine the location of boundary lines or area of land.
 
“Trade in land”
 the acquisition and disposition of land for commercial profit by the sell, exchange or conditional sell (hire-purchase) of land.
 
“Commission”
 the National Land Allocation Commission.
 
“Competent authority”
 the competent officials acting under this Code and other officials appointed by the Minister to act under this Code.
 
“Director-General”
 the Director-General of the Land Department.
 
“Minister”
 the Minister in charge under the Act Promulgating the Land Code and under this Code.
 

Section 2

Land which is not vested in any person shall be deemed the property of the state.

Section 3

A person may have title to land in the following cases:

(1)  where title was acquired according to law prior to the effective date of this Code or by title deed under the provisions of this Code;

(2)  where title was acquired under the land for living law or other law.

Section 4

Subject to Section 6, any person who has acquired a right to possession of land prior to the effective date of this Code and his transferees prior to the effective date of this Code shall continue to have the right to possession and occupation.

Section 5

Any person wishing to give his rights in land to the state, shall submit his request to do so to the competent authority under Section 71.

Section 6

From the effective date of this Code on, if any person having rights in land makes no use of that land or leaves it vacant longer than the periods specified hereafter, his rights in such land shall terminate and it shall vest in the state:

(1)  land under title deed or land used as a home site, or orchard land more than five consecutive years;

(2)  land not under title deed and used otherwise, more than three consecutive years.

Section 7

The Director-General shall have the duty to inspect, allocate, and take a census of the land to learn its natural abundance, and suitability for use in the interests of the state and of the people.

Section 8

All the land which is either public domain or public property, in the absence of laws providing otherwise, shall be under the care to the Director-General who shall take measures to protect it appropriate to the case. Such authority may be delegated by the Minister to another public body.

If lands of the public domain used in common by the public are no longer so used or if the state provides substitute land for use in common by the public, such lands may be withdrawn from their states as public domain by Royal Decree which shall include a map showing the area to be affected.

All such aforementioned lands for sufficient reason may be recorded by the Minister as belonging to a public body. In such case, it may thereafter be transferred as private land by Act.

Section 9

Subject to the law on mining and forestry, persons without right to possession of such land or without permission from the competent authority are forbidden to;

(1) enter, occupy or possess such land including the building of structures or burning of forests thereupon;

(2) by any means to destroy or cause deterioration in the condition of the land, rock, gravel or sand within areas closed by proclamation in the Government Gazette; or

(3) do anything to imperil the resources of the land.

Section 10

The Director-General shall have the power to arrange for the utilization of state lands which are free of possessory rights by any person and are not public lands in common use. Such arrangements may include its purchase, sell, exchange, rental or hire-purchase.

Rules and procedures utilization shall be prescribed in Ministerial Regulations. But sells, exchanges or hire-purchase sells must receive authorization from the Minister.

In arranging for utilization under this section, consideration shall be given to the reservation of land for future generations.

Section 11

In arranging for the utilization of state land according to the provisions of the preceding section, the minister may assign to another public body arrangements for utilization for the state or local development in accordance with the rules and procedures prescribed in Ministerial Regulations.

Section 12

State land over which no one has possessory rights may be given by concession, granted or made available for use for a limited time by the Minister in accordance with the rules and procedures prescribed in Ministerial Regulations.

The provisions of this section shall not affect the law on mining and forestry.

Section 13

To carry out the provisions of this Code, the Minister shall have the power to establish Changwat (Province) Land Office.

If any Changwat (Province) has need of more than one land office the Minister shall have the power to establish B ranch Land Offices under the jurisdiction of the Changwat (Province) Land Office.

The establishment of Changwat (Province) and Branch Land Offices shall be published in the Government Gazette.

 

CHAPTER 2 

Land Allocation for the People 

 

Section 14

There shall be one commission called the “National Land Allocation Commission” composed of the Minister as chairman, the Director-General as member and secretary ex officio and not less than nine nor more than twenty qualified persons appointed by the Council of Ministers.

Section 15

Qualified members shall hold office for four years. In the initial period, at the end of two years, one half of the qualified members shall, by drawing lot, be retired from office.

The retired qualified members may be reappointed by the Council of Ministers.

Section 16

In addition to leaving office at the expiration of the initial period under the provisions of Section 15, qualified members leave office on

1. death

2. resignation

3. being imprisoned by a final judgment of imprisonment, except for a petty offence, punishable as a petty offence or that committed by negligence

4. being dismissed by the Council of Ministers.

In the event of a vacancy occurring under this section, the Council of Ministers shall appoint a qualified member of till the vacancy for the remainder of the vacated term.

Section 17

At any meeting of the Commission, attendance of more than one half of the total membership shall be required to constitute a quorum.

Section 18

When the chairman is not present at a meeting, the members present shall elect one among themselves to be chairman.

Section 19

Decisions and resolutions shall be taken by majority vote.

Each member shall have one vote. In case of a tie, the chairman shall have an additional casting vote.

Section 20

The Commission shall have the following powers and duties:

(1) To lay plans for the allocation of land with the object of providing the people with land for habitation and occupation in accordance with their status by giving assistance through public utilities and otherwise;

(2) To lay plans for the preservation and development of land;

(3) To coordinate the work of public bodies with authority concerning land;

(4) To consider the reservation of land as desired by public bodies;

(5) To act otherwise as may be provided in this Code; and

(6) To make rules and regulations concerning authority under (1), (2), (3), (4) and (5).

Section 21

The Minister shall carry out the resolutions of the Commission and shall have the power to delegate matters relating to land allocation to any public body concerned, and if able, to have a public body concerned carry out the work delegated without delay. In the interest of this section, the officials of such public bodies shall have the same powers and duties as the competent authorities as provided in this Code.

The Minister may have the public body empowered under the preceding paragraph drawn funds from the budget of the Land Department for use in accordance with the budget list in place of the Land Department.

Section 22

The Minister and officials delegated by him shall have the following powers:

(1)  to summon any person to give facts or opinion regarding land allocation and call for documentary evidence or other things concerned for the deliberations of the Commission;

(2)  to enter upon any premises or land of any public body, government organization, or private person for the purpose of investigating any matter related to the allocation of land and shall have the power to question as to the facts, to subpoena documentary evidence or other relevant things from persons living on such premises or land for consideration as may be necessary. Such persons shall render reasonable convenience to commissioners and competent authorities.

Section 23

In exercising authority under this Code, the competent authorities and officials of public bodies who have the same powers and duties as competent authorities under the provisions of Section 21 shall have an identification card and show it to interested persons.

Section 24

Competent authorities and officials acting under the provisions of this Code shall be deemed competent officials under the provisions of The Criminal Code.

Section 25

In the interest of the land allocation plan under the provisions of Section 20 (1), the Commission may arrange for a cadastral survey.

When it is desirable to survey any locality, the Commission shall proclaim that locality as a survey area in the Government Gazette and post such notices at the Amphoe (District) Office and houses of the Kamnans (the village chief) within the survey area. Such notices shall have annexed and published a map delimiting the survey area. The said map shall be deemed part of the notice.

Section 26

Within the cadastral survey area under the provisions of Section 25 persons with rights in land or in possession of land within the area shall have the duty:

(1)  To notify the competent authority on the locality where the land is located within the period specified and posted by the Changwat (Province) Governor under the forms and procedures specified in Ministerial Regulations. In this case, another person may be sent to give notification instead;

(2)  To take or arrange for another person to take the competent authority and point out to him the boundaries of the land which he possesses or in which he possesses or in which he has right when informed by the competent authority a reasonable time in advance;

(3)  To certify by signature the land survey made by the competent authority as far as it may be true. In case a substitute is sent to point out the boundaries, that person shall sign the survey instead.

Section 27

Except for lands already administered by the government or state organizations under other laws, the Director-General may allocate state land over which no person has possessary rights to the people for habitation and occupation in accordance with the rules, regulations, specifications and conditions specified by the Commission including the following:

(1)  Amount of land to be divided for possession;

(2)  Rules for investigation and selection of persons to take possession;

(3)  What persons taking possession must do;

(4)  Rules for compensation for capital invested in that land and for the imposition of fees of various kinds;

(5)  Pre-requisites for the distribution of land.

Rules, regulations, specifications and conditions of the Commission shall be published in the Government Gazette.

Section 28

The Commission shall have the power to appoint a sub-commission to assist in the carrying out of any task and then report to the Commission.

The provisions of Section 17, 18 and 19 shall apply mutatis mutandis.

Section 29

In carrying out the provisions of Section 27, land in any locality received under the provisions of this Code shall be allocated for receipt, purchase, exchange, or hire-purchase first to persons domiciled in that locality. Later, remaining land may be allocated for receipt, purchase, exchange, or hire-purchase to person domicile in other localities.

Section 30

When any land is given into possession, the competent authority shall first issue a pre-emption certificate and when it appears to the competent authority that the person to whom the land has been allocated has put it to use and has fully complied with the rules, regulations, specifications and conditions and conditions prescribed by the Commission, the land official shall speedily issue a title deed.

Section 31

Within five years from the date the title deed to the land is received, under Section 30, the owner may not transfer that land to another except by way of inheritance.

Within the period stated in the preceding paragraph, such land is not subject to judicial attachment or execution.

The provisions of this section shall not apply in cases where land was acquired without public welfare or other assistance from the state.

Section 32

The Director-General shall have the power to order the eviction of any person who has entered into possession of land under the provisions of Section 30 who has not complied with the rules, regulations specifications or conditions of the Commission, and from the date of receiving such order, such person shall be instantly deprived of rights he might have acquired under all the rules and regulations.

If that person is dissatisfied with the order issued under the preceding paragraph, he shall have the right to appeal to the Minister within thirty days from receipt thereof. If the Minister gives no decision within sixty days from receipt of the appeal, he shall be deemed to have ordered the continuation of the right to possession of the land but in conformity with the original rules, regulations, specifications and conditions of the Commission.

The order of the Minister shall be final.

Section 33

In localities which the Commission has not yet proclaimed as survey areas under the provisions of this Chapter, or in case the land is divided into small plots, the people may apply to pre-empt the land in conformity with the rules, regulations, specifications and conditions pre-scribed by the Commission. On authorization by the competent authority, a certificate of pre-emption shall be issued.

 

CHAPTER 3

Delimitation of Rights in Land

 

Section 34

From the effective date of this Code, persons may have the right to land as follows:

(1)  Land for agriculture not more than 50 rais (19.77 acre)

(2)  Land for industry not more than 10 rais (3.95 acre)

(3)  Land for commerce not more than 5 rais (1.98 acre)

(4)  Land for dwelling not more than 5 rais (1.98 acre)

Except as otherwise provided in this Code.

Section 35

The Minister shall have the power to delimit zones for commerce or dwelling by proclamation in the Government Gazette. In such zones, persons shall acquire no rights in land acquired no rights in land for agriculture or industry.

Section 36

The limitation of rights in land under Section 34 shall prejudice neither rights in land acquired prior to the effective date of this Code nor rights in the following land:

(1)  Land of public bodies, state organizations and cooperatives;

(2)  Land used as sites for hospitals, schools, colleges, universities and monasteries.

Section 37

Subject to Section 39 and Section 43 through 48, any person who has rights in land for agriculture, industry, commerce or dwelling, as the case may be, of an area equal to or greater than the areas specified in Section 34 shall have no right to acquire additional land in no matter what locality except that where there has been a sale or transfer of the original land, new land may be acquired provided that the total amount of land held does not exceed the rights to land specified in Section 34. In this, it makes no difference whether acquisition is by purchase, sale, gift, prescription, or any other means apart from the cases set forth in Section 729 or 1308 of the Civil and Commercial Code and the case of inheritance.

* Section 34 to 49 have been repealed by Proclamation of the Revolutionary Part No. 49 dated January 13, 1959

Section 38

Any person who has land in excess of the rights pre-scribed in Section 34 must

(1)  Notify the competent authority in the locality where the land is situated as to the category and amount of land in which he has rights within the time limit prescribed by the Minister in the Government Gazette.

Notification shall be given under the forms and procedures specified in Ministerial Regulations.

(2)  Notify the competent authority under the forms and procedures specified in Ministerial Regulations when performing any juristic act which alters facts concerning rights in the land.

Section 39

Subject to Section 36 , any person who has acquired land under the provisions of Section 729 of the Civil and Commercial Code while this Code is in effect which when added to the amount of land original held exceeds the amount prescribed in Section 34 shall dispose of such excess land within seven years of its acquisition. If that person is unable to dispose of the excess land, the Director-General shall have the power to dispose of it to other persons.

Section 40

In case several persons hold rights in land jointly, the amount which they may hold under the provisions of this Code shall be calculated in proportion to their respective interests therein.

Section 41

A person having a husband, wife or child may acquire or hold rights in land for their benefit in an amount equal to that which such husband, wife or child might hold under this Code.

In this case, the wife, husband or parents shall report the information specified in Section 38 (1) to the competent authority within one hundred eighty days. In case rights in land are acquired after the effective date of this Code, the said information shall be reported to the competent authority within sixty days of acquisition. It shall then be deemed that the rights are held in the interest of the husband, wife or child, as the case may be. In the aforesaid case, the said husband, wife or child himself shall be deemed the holders of the rights in land under this Code.

If the husband, wife or child, mentioned in the first paragraph dies, the right of a person to hold in their interest terminates on the date of death and the provisions of Section 39 shall apply mutatis mutandis.

If the husband, wife or child, mentioned in the first paragraph acquires or holds other land in his own right, the person who holds rights in the interest of the husband, wife or child, as the case may be, loses such rights counting from the day the husband, wife or child acquires or holds rights in land in his or her own right but only to the amount of land which the said persons acquire or hold, and the provisions of Section 39 shall apply mutatis mutandis.

The provisions of this Section shall not affect inheritance.

Section 42

A child on reaching his majority may acquire or hold rights in the interest of his parents with their consent to the extent his parents might be entitled under the provisions of this Code. And the provisions of Section 41, paragraphs 2.3.4 and 5 shall not apply mutatis mutandis.

The provisions of this Section shall not apply in case the mother or father is an alien.

Section 43

The Commission may allow the reasonable acquisition of any land declared by its owner to be used for used for public benefit, public charity, or public utility.

Section 44

The Commission may allow the acquisition of any land not exceeding one person declared by its owner to be a family burial ground. Except in case of necessity, the Commission shall allow the extension of the land as may be necessary but not in excess of one person.

Section 45

Any person having acquired rights in land not exceeding by more than one half the amount he may have under the provisions of this Code, may apply to the Commission for authorization to retain rights such land cannot be used by others, or cannot be turned to account, or that its disposal would unreasonably curtail the occupation of the one who has rights therein.

Section 46

If agricultural land in any locality produces so little return that it is proper to give rights in the land exceeding 50 persons, persons may, by Royal Decree, be granted the right to more than 50 persons but not more than 100 persons.

Section 47

Any person wishing rights in land for agriculture in excess of that authorized in Section 34 or 46 of the Land Code, if, able to show that he has the ability and need to utilize that he himself will direct the utilization, shall file a petition with the competent authority together with supporting evidence. The competent authority shall submit the matter to the Commission for decision.

The Commission may order such authorisation of rights in land as they think fit and may impose conditions. In case the applicant for authorization does not observe the conditions, the Commission may order the disposal of all or a part of the land within one year. If the applicant for authorization does not dispose of the land within the time fixed, the Director-General shall have the power to dispose of it.

Section 48

Any persons wishing rights in land for industry in excess of that authorized in this Code, if able to show that industrial work or enlargement of that industrial work truly requires the use of more land than authorized, shall file a petition with the competent authority together with supporting evidence. The competent authority after investigation, shall submit the matter to the Commission for decision.

The Commission may order such authorization of rights in land as they think fit and may impose conditions. In case the applicant for authorization does not observe the conditions, the Commission may order the disposal of all or a part of the land within one year. If the applicant for authorization does not dispose of the land within the time fixed, the Director-General shall have the power to dispose of it.

Section 49

Subject to Section 39, 47 and 48, any person who has land in excess of that authorized by law in contravention of the provisions of this Code shall dispose of such excess within one year from the date the competent authority gives notices of contravention. If disposal is not made within the said period, the Director-General shall have the power to dispose of it.

Section 50

In disposing of land under the provisions of this Code, the Director-General shall have the power to dispose of it by sale or hire-purchase according to the rules and procedures specified in Ministerial Regulations and shall have the power to levy a fee of not more than five per cent of the sale price. If unable to dispose of the land within two years the Director-General with the approval of the Minister shall have the power to sell on installments within ten years.

The exercise of the power under the provisions of the first paragraph, the Director-General may divide up the land into plots for disposal as he thinks fit.

Section 51

In case where the Director-General uses his power to dispose of land under this Code, persons with rights in the land to be disposed of shall agree with the competent authority as to which plot or part of the land shall be disposed of. If they are unable to agree, the matter shall be submitted to the Commission for decision.

Section 52

In case the Director-General sees fit to exercise his power to dispose of land, the competent authority shall notify persons with right in land not less than thirty days in advance. After the expiration of the said period, the competent authority shall come to an agreement with persons having rights in the land as to its price. If they are unable to agree on the price of the land, the provisions governing valuation of immovable properties by arbitration under the law on expropriation of immovable properties shall apply mutatis mutandis.

The land price which may be agreed on or fixed by arbitration shall reflect the market price current on the day the competent authority notifies persons with rights in land that the Director-General will use the power of disposal.

Section 53

From the day the competent authority gives notice under Section 52 the Director-General shall have the right of possession to the land and persons having rights in land including tenants, occupants and others shall vacate the land within one year.

Any lease of that plot of land shall cease to have effect on the day the competent authority informs persons having rights in land that the Director-General will use the power of disposal.

Section 54

The Director-General, in disposing of any person's land the terms of this Code through hire purchase or on installment sale, shall pay the purchase price to the person entitled thereto in part payments to be completed within the following periods:

(1) In disposals under Section 39, installments shall be paid within five years.

(2)  In disposals under other Section, installments shall be paid within ten years.

In such payment by installments, interest shall be paid by the purchase or hire-purchaser of the land to the persons, who formerly had rights in the land at the rate of three per year,

Section 55

In the event of a sale or hire-purchase of land under Section 50, if the purchaser or hire-purchaser does not abide by the conditions in the contract of sale or hire-purchaser does not abide by the conditions in the contract of sale or hire-purchase, as the case may be, the Director-General shall have the power to repossess the land. In such case, rights in the land shall vest in the Land Department in the day on which the purchaser or hire-purchaser learns or should learn of the repossession.

 

CHAPTER 4

Issuance of Documents Showing Rights in Land

 

Section 56

Forms, rules, and procedures for the issuance of pre-emption certificates, certificates of use, land particulars certificates or title deeds including substitutes therefore shall be prescribed in Ministerial Regulations.

Section 57

Title deed forms shall contain the following information: name, surname, residence of the owner, location of land, area, map of the plot of land showing boundaries on all four sides and shall have an index of registration. They shall be signed by the land official and Province Governor and affixed with their seals of office.

The aforesaid title deeds shall be made in duplicate one copy being given to the owner and the other being kept at the Province Land Office or its branch, as the case may be. Photo static copies of the copy kept at the Province Land Office or its branch may be made and shall be deemed the same as originals.

Section 58

When the Minister thinks fit to issue title deeds for land in a locality of any Provinces, he shall give notice in the Government Gazette of the boundaries of the area to be surveyed and mapped for issuance title deeds.

When the competent authority is to make a land survey under the proceeding paragraph, the Province Governor shall give notice of the survey for issuance of title deeds in the locality not less than thirty days in advance and persons with rights in the land shall escort the competent authority making the survey on his land on the day and at the time appointed.

Persons with rights in the land under the preceding paragraph may appoint a representative to escort the competent authority during the survey.

Section 59

In the event the owner of a particular piece of land asks for the issuance of a title deed, the competent authority shall proceed to issue a title deed when he thinks fit according to the rules.

Section 60

If in the issuance of title deeds under Section 58 and 59 there appear rival claimants, the competent authority or land official, as the case may be, shall have the authority to investigate and weigh the claims. If agreement can be reached, proceedings shall be carried out accordingly. If not, the competent authority or land officer shall submit the matter together with his opinion to the Province Governor for determination.

The parties to the matter shall be informed when the Province Governor makes any determination and the dissatisfied side may appeal to the Court within sixty days form being informed thereof.

In the event of an appeal to the Court, the matter shall be suspended until judgment or any other order, whereupon action shall be taken according to the case. In case of no appeal to the Court, action shall be taken according to the order of the Province Governor.

Section 61

When it appears that a title deed has been issued or rights and legal acts with regard to land have been recorded or documents of record have been communicated to any person mistakenly or unlawfully, the Director-General shall have the power to have the title deed or documents of record corrected or cancelled.

Before correction or cancellation under the first paragraph, interested persons shall be notified directly not less than fifteen days in advance to provide opportunity for contestation. After consideration by the Director-General, action shall be taken as may be appropriate in the case.

Section 62

In all cases relating to ownership of land for which title deeds have been issued, the Court shall inform the land official of the locality where the land is situated of all final judgments or orders.

Section 63

If any title deed is damaged, defaced or last for any reason, the owner may apply for a substitute title deed.

When a substitute has been issued, the original title deed shall be cancelled unless the Court orders otherwise.

The proceeding shall apply mutatis mutandis to pre-emption certificates, use certificates, or land particulars certificates.

Section 64

If the Land Office copy of the title deed questionnaire land exploration or land scrip is damaged, defaced or lost, the competent officials under Section 71 shall have the power to recall the owners' copy of the certificate of eight in the land for examination and to make a new one based on the original evidence.  

 

CHAPTER 5 

Land Survey 

 

Section 65

Land surveys for the issuance of title deeds shall be in accordance with rules and procedures prescribed in Ministerial Regulations

Section 66

In the interest of the land survey, the competent authority and employees shall have the power to enter upon the land of persons who have rights therein or of possessors during the day provided advance notice to persons with rights in the land is given. Person with rights in the land and possessors shall give reasonable facilities under the circumstances.

In case it is necessary to erect mapping stakes on anyone's land, the competent authority shall have the power so to do as may be necessary.

In surveying, when and to the extent necessary and reasonable, the competent authority shall have the power to dig the land, cut and trim branches, and do otherwise with obstructions to the surveying taking into consideration the causing of the least amount of damage to the owner.

Section 67

It is forbidden to all except the competent authority to destroy, alter, move or remover any boundary marker or mapping stake placed or built in by any place by the competent authority except by permission of the land official.

Section 68

In case any person has to do what is set out in Section 67, he shall file an application for permission with the land official.

In case permission is denied, the owner of the land may appeal to the Minister within fifteen days of being informed of the denial. The Minister shall decide within sixty days from receipt of the appeal. His decision shall be final.

If the Minister does not decide within the sixty days set out in the preceding paragraph permission shall be deemed granted.

Section 69

When it is advisable to verify land boundaries in any locality according to the map, the Province Governor shall inform persons with rights in the land not less than fifteen days in advance. Notice shall be posted on the land to give notice to interested persons and a supplementary notice of the day and time shall be given to persons with rights in the land. And persons with rights in the land shall escort the competent authority around during the verification of boundaries survey.

Persons in the preceding paragraph with right in the land may appoint a representative to escort the competent authority around during the verification of boundaries survey on his land.

On completion of the verification of boundaries, the competent authority shall have the power to issue a new title deed in place of the original which is then void and shall be returned.

Section 70

In the interests of the survey, the competent authority shall have the power:

(1) To summon persons with rights in adjacent lands to take care of the boundary line and sign an acknowledgement of the boundaries of their own land;

(2) To summon persons concerned to give oral testimony or submit documents or any other evidence relating to the investigation.

 

CHAPTER 6

Recording of Rights and Legal Acts 

 

Section 71

The following officials shall be the competent authorities to record rights and legal acts with regard to immovable property according to the Civil and Commercial Code:

(1)  The land official or his representative for land within an area covered by a Province or Branch Province Land Office if such land is covered by title deed, or land particulars certificates or has other immovable property on it;

(2)  The District Officer or his representative, the District Deputy heading a Sub-District or his representative for land or other immovable property located within such District or Sub-District in cases other than those specified in (1).

Section 72

Persons wishing to record rights or legal acts with regard to immovable property in accordance with the Civil and Commercial Code shall appear with the parties concerned with papers showing rights in land before the competent authority under Section 71, as the case may be.

Section 73

When it appears to the competent authority that the legal act to be recorded by the parties is void, he shall not be obliged to record it.

If the legal act to be recorded by the parties appears voidable the competent authority shall record it when the party who may be damaged thereby insists.

Section 74

In recording rights and legal acts by the competent authority under Section 71, the competent authority shall have the power to interrogate the parties and summon persons concerned to give oral testimony or send relevant written evidence as may be necessary and then proceed as may be appropriate under the circumstances.

If there is reason to believe the recording of such rights and legal acts is in evasion of the law or there is reason to believe the purchaser is purchasing on behalf of an alien, instructions shall be asked of the Minister whose word shall be final.

Section 75

In recording rights and legal acts with regard to land under title deed, the land official shall note the terms of any agreement or contract concerned, as the case may be, and records the important provisions in the title deed or record in the Province or Province Branch Land Office and in the copy of the owner.

Section 76

In case of an application to record rights and legal acts with regard to land which the competent authority has investigated and surveyed but for which he has not yet issued a title deed, recording may be requested of the competent authority under the provisions of Section 71.

Recording under the preceding paragraph shall be noted in the land particulars certificate as far as possible in accordance with the procedure for recording rights and legal acts with regard to land under title deed.

Section 77

Unless otherwise provided in this Code, recording of rights and legal acts concerning land or immovable property shall be done in accordance with the rules and procedures prescribed in Ministerial Regulations.

Section 78

The recording of rights and legal acts with regard to land acquired under Section 1382 of the Civil and Commercial Code or in ways other than through legal acts with regard to land already under title deed shall be in accordance with the rules and procedures prescribed in Ministerial Regulations.

Section 79

When a person having rights in land under title deed wishes to divide it, the competent authority shall divide the land by survey and if it is necessary to record the rights and legal acts they shall be so recorded following which the land official shall issue a new title deed.

For land under a land particulars certificate, the aforesaid provisions shall apply mutatis mutandis.

Section 80

In case of redemption from mortgage or sale with right of redemption of land under title deed when the mortgagee or buyer has given written evidence of the redemption, the owner of the land or seller shall bring the title deed to the land official for recording the redemption.

When the land official has verified its correctness the redemption shall be recorded so as to appear in the title deed.

For land under a land particulars certificate, the aforesaid provisions shall apply mutatis mutandis.

Section 81

In the inheritance of land, the claimant of the inheritance shall file evidence or writings showing his right to the land with the competent authority who shall verify the evidence and post notices in public places in the Province and Province Branch Land Offices at the District Office and in the vicinity of the land for a period of sixty days. If there is no contestation and the evidence that the claimant has a right to the inheritance is believable, it shall be recorded in accordance with the application.

In the event of contestation, the competent authority shall have the authority to examine the parties and summon any one to give testimony or to produce relevant documents as may be necessary, the competent authority shall try conciliation and if it fails to produce agreement he shall decide as he thinks fit.

If any party is dissatisfied with the order of the competent authority, he may appeal to the Court within sixty days of learning of the order but in case of a de cujus who has been dead less than one year, the competent authority may fix the limit for appeals to the Court provided it does not exceed one year and sixty days from the death of the de cujus.

Section 82

In case a person files an application to be appointed administrator of an estate or trustee of a trust lawfully created prior to the effective date of the Civil and Commercial Code, Book VI, concerning land or other immovable property, the competent authority shall examine the witnesses and evidence and may then register the applicant as administrator or trustee.

Section 83

Any person with an interest in any land the recording or alteration of the recording of which might be enforced, may, if he wishes, apply to have that land attached by the competent authority.

When the investigating authority sees fit, he may order attachment for not more than sixty days from the date of application for attachment during which time such applicant shall institute court proceedings. When the Court has rendered on order or judgment, the competent authority may proceed as may be appropriate to the case.

 

CHAPTER 7 

Limitations of Rights in Land for Religious Purposes 

 

Section 84

Wats, temples, Roman Catholic Churches, Christian Foundations or Moslem may acquire land with the permission of the Minister and may acquire not more than fifty rais.

In appropriate cases the minister may allow the acquisition of more land then that prescribed in the preceding paragraph.

The provisions of this Section shall not affect the acquisition of land prior to the effective date of this Code or acquisition of land of the Mosles Musjid under the provisions of Moslem Law in a Changwat having an Islamic magistrate (Da Toe Yudtitham).

Section 85

A juristic person who acquires more land than that provided in Section 84 after the effective date of this Code shall dispose of the excess within five years. If the land is not disposed of within such time the Director-General shall have the power to dispose of it applying the provisions relating to forced sale of land in Chapter 3 mutatis mutandis.

 

CHAPTER 8 

Limitation of Aliens Right in Land 

 

Section 86

Aliens may acquire land by virtue of the provisions of a treaty giving the right to own immovable properties and subject to the provisions of this Code.

Subject the Section 84 the aforesaid aliens may acquire land for residence, commerce, industry, agriculture, burial, public charity or religion under the conditions and procedures prescribed in Ministerial Regulations and with the permission of the Minister.

Section 87

The amount of land which may be permitted under the preceding Section is as follows:

(1) For residence, per family, not more than 1 rai

(2) For commerce, not more than 1 rai

(3) For industry, not more than 10 rais

(4) For agriculture, not more than 10 rais

(5) For religion, not more than 1 rai

(6) For public charity, not more than 5 rai

(7) For burial, per family, not more than ½ rai

The Council of Ministers may, if they think fit, permit an alien to acquire more land for industry than that prescribed in (3) under such conditions as they may impose. The provisions of Section 48 shall apply mutatis mutandis.

Section 88

The provisions of Section 87 shall not affect the acquisition of land by aliens in excess of that prescribed in Section 87 prior to the effective date of this Code. Persons holding less land than that prescribed or who dispose of their land, may acquire additional land provide the total holding does not exceed the limit prescribed in Section 87.

Section 89

When an alien has received permission to acquire land for any purpose, he must use the land for that purpose and for no other unless permission is received to use it far another purpose under the limitations of Section 87. If the land is not used as authorized notice must be given on the forms and following the procedures prescribed in Ministerial Regulations within thirty days from the non-user of the land.

Aliens wishing to use land for another purpose may apple to the Minister for permission on the forms and following the procedures prescribed in Ministerial Regulations. If the Minister thinks fit, he may give permission.

Section 90

Aliens who have received permission to hold and use land for any purpose if no longer using the land or if using it for another purpose without receiving new permission, shall dispose of such land within the time limit prescribed by the Director-General which shall not be less than one hundred eighty days nor more than one year. If such time it exceeded, the Director-General shall have the power to dispose of the land.

Section 91

Aliens who have received new permission to use land for a purpose for which the maximum amount of land which may be held is smaller, shall dispose of the excess within the time limit prescribed by the Director-General which shall not be less than one hundred eighty days nor more than one year. If such time limit is exceeded the Director-General shall have power to dispose of the land.

Section 92

If any alien receiving permission to acquire land under the terms of Section 87, paragraph 2, does not observe the conditions prescribed by the Council of Ministers, he shall dispose of such land permitted in excess within the time limit prescribed by the Director-General. If such time limit is exceeded the Director-General shall have the power to dispose of the land.

Section 93

The Minister shall permit the inheritance of land by an alien who is the lawful heir, but such acquisition when added to that which s already held may not exceed the amount which may be held under Section 87.

Section 94

All the land which as alien has acquired unlawfully or without permission shall be disposed of by such alien within the time limit prescribed by the Director-General which shall not be less than one hundred eighty days nor more than one year. If the land is not disposed of within the time prescribed the Director-General shall have the power to dispose of it. The provisions on the forced sale of land in CHAPTER 3 shall apply mutatis mutandis.

Section 95

Any person who has acquired land while Thai national and later changes his nationality shall have the right to hold as much land as such alien may have. Land apart from that shall be disposed of and the provisions of Section 94 shall apply mutatis mutandis.

Section 96

When it appears that any person has acquired land as the owner in place of an aliens or juristic person under the provisions of Section 97 and 98, the Director-General shall have the authority to dispose of such land and the provisions of Section 94 shall apply mutatis mutandis.

[Added by Land Code Amendment Act (No. 8) B.E. 2542 (1999)]

 

CHAPTER 9

Limitation of Rights in Land of Some Categories of Juristic Persons

 

Section 97

The following juristic persons may have the same rights in land as aliens:

(1) Limited companies with more than forty-nine per cent of their capital owned by aliens or more than half of whose shareholders are aliens, as the case may be;

For the purposes of this Chapter, if any limited company issues bearer shares, the shares shall be deemed held by aliens.

(2) All limited partnerships or registered ordinary partnerships with more than forty-nine per cent of their capital owned by aliens or more than half of whose partners are aliens, as the case may be;

(3) Societies including cooperatives more than half of whose members are aliens or which operate especially or for the most part in the interest of aliens;

(4) Foundations whose object is especially or for the most part in the interest of aliens;

(5)* Any juristic person in this Section which has manager or member of the board of directors who is an alien.

*Repealed by Proclamation of the Revolutionary Party No. 49 dated 13/1/59

Section 98

In case a juristic person named in Section 97 becomes the owner of the capital, a shareholder, or partner, as the case may be, in any other juristic person under the provisions of the preceding Section, such other juristic person shall be deemed an alien.

Section 99

In the event a juristic person under the provisions of Section 97 or 98 acquires or must dispose of rights in land, the provisions of CHAPTER 8 and 10 shall apply mutatis mutandis, and such juristic person shall assume the duties and responsibilities imposed on aliens and persons generally.

Section 100

If a juristic person who acquired land while not within the scope of the provisions of Section 97 and 98 , but later comes within their scope, the provisions of Section 95 shall apply mutatis mutandis.

 

CHAPTER 10

Trade in Land

 

Section 101

Any person wishing to trade in land shall received authorisation for each particular piece of land from the Minister in accordance with the rules and procedures prescribed in Ministerial Regulations.

In giving authorisation, the Minister may prescribe any conditions.

Section 102

In case the person who has received authorization to trade in land under Section 101 does not observe the conditions, or is unable to sell, exchange, or sell the land on hire-purchase within three years from the date of receiving authorization, the Director-General shall have the power to dispose of that lad, and the provisions on the forced sale of land in Chapter 3 shall apply mutatis mutandis.

 

CHAPTER 11

Fees

 

Section 103

Persons applying for a title deed, survey, or recording of rights or legal acts with regard to land, shall pay fees as prescribed by Ministerial Regulations which shall not exceed the schedule annexed to this Code.

Section 104

Persons recording rights or legal acts with regard to land showing its value for the purpose of paying fees shall show the true value thereof and the competent authority shall have the power to assess the value in accordance with the market price at that time and to examine witnesses and evidence in connection therewith.

Section 105

A committee to be called the “Assessment for Recording Committee” composed of not less than 7 nor shall more than 9 persons appointed by the Minister by notice in the Government Gazette be established with the duty of assessing the value of land in the recording of rights and legal acts.

The Assessment for Record Committee shall appoint neither sub-committees to the Changwat (Province) composed of not less than 5 nor more than 7 persons to assess the value of land in the Changwat (Province) in the recording of rights and legal acts.

Section 106

If the competent authority thinks the declared value unreasonably low, he shall assess the value for the purposed by the collecting fees by relying on evidence or following the rules prescribed by the Minister. If agreement cannot be reached, the competent authority may refer the matter together with his opinion to the Changwat (Province) sub-committee. When the Changwat (Province) sub-committee has made an assessment, the competent authority shall proceed accordingly. If the person recording is dissatisfied, he may appeal through the competent authority to the Assessment for Recording Committee whose determination shall be final for that particular occasion. This procedure shall be followed unless the parties seeking to record agree to pay the fees temporarily as prescribed by the Changwat (Province) sub-committee in which case the competent authority may record at once leaving the appeal for later. When the Assessment for Recording Committee has given any order action shall be taken accordingly.

 

CHAPTER 12

Penalties

 

Section 107

Any person having rights land that does not escort the competent authority surveying his land or does not appoint a substitute to do so as notified by the Changwat (Province) Governor in accordance with Section 26 or 70 shall be punished with a fine not exceeding two hundred baht.

Section 108

Any person who contravenes or does not comply with Section 9 or 66 shall be punished with a fine not exceeding five hundred baht.

Section 109

Any person who contravenes or does not comply with Section 38, 67 or 74 shall be punished with a fine not exceeding two thousand baht or an imprisonment not exceeding three months, or both.

Section 110

Any person who contravenes or does not comply with Section 89 shall be punished with a fine not exceeding three thousand baht or an imprisonment not exceeding six months, or both.

Section 111

Any person who contravenes or does not comply with Section 86 or 101 or does not comply with the conditions under the provisions of Section 102 shall be punished with a fine not exceeding twenty thousand baht or an imprisonment not exceeding two years, or both.

Section 112

Any juristic person who

(1)  has acquired land in contravention of the provisions of this Code;

(2)  uses that land for purposes other than those for which permission was received;

(3)  uses land in violation of the conditions prescribed by the Council of Ministers under Section 99 in conjunction with Section 87 , paragraph 2;

(4)  does not give notice of the non-user of land according to the provisions of Section 99 in conjunction with Section 89 ; or

(5)  trades in land in contravention of Section 101 or does not comply with conditions imposed under Section 102 ;

shall be punished with a fine not exceeding fifty thousand baht.

Section 113

Any person who acquires land as an agent of an alien or juristic person under the provisions of Section 97 or 98 shall be punished with a fine not exceeding twenty thousand baht or an imprisonment not exceeding two years, or both.

 


 

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