Land Office Transfer & Power of Attorney

What actually happens at the Land Department counter

Transfer of a condominium unit or of land is completed by registration at the Land Office with jurisdiction over the property, not by the sale contract. Ownership passes on registration. The officer verifies the title deed against the register, confirms the identity and capacity of both parties, checks any encumbrance, assesses the transfer taxes, and records the new owner on the deed. Everything a buyer relies on should be verified before that appointment, because the counter is a registration step, not an investigation.

For a foreign buyer of a condominium, section 19 of the Condominium Act requires evidence that the purchase funds were remitted from abroad in foreign currency, and that the building remains within the forty-nine percent foreign-ownership quota. The bank's foreign exchange transaction documentation is the operative proof; a domestic transfer from a Thai account, however large, does not satisfy it.

Costs assessed on transfer

Pre-appointment due diligence

1. Title search at the Land Office: Confirms the deed type, the registered owner, boundaries, and any mortgage, servitude or seizure. Deed class matters: Chanote is a full title, while lesser instruments carry weaker rights.
2. Encumbrance and litigation check: Mortgages, usufructs, superficies and court seizures all appear on the register and must be discharged or accepted knowingly.
3. Foreign quota confirmation: The condominium juristic person issues a letter confirming the remaining foreign quota; without it the officer will not register a foreign purchaser.
4. Funds and FET documentation: Inward remittance in foreign currency with the correct purpose stated, and the bank's documentation obtained before the appointment.
5. Powers of attorney where a party is absent: Land Department forms, properly witnessed and, if executed abroad, notarised and legalised through the Royal Thai Embassy.
6. Appointment and settlement: Payment against registration, usually by cashier's cheque, with the deed handed over on completion.

Structures foreign buyers ask about

Foreign nationals may own a condominium unit within the quota, and may hold rights over land through a registered lease of up to thirty years, a usufruct, or a right of superficies. Using a Thai company whose Thai shareholders are nominees to hold land is unlawful and is examined during registration and in any later dispute. Where a structure is proposed, we document the commercial substance and the source of funds, or advise against it — an arrangement that cannot survive scrutiny is not an asset.

Common mistakes and how we avoid them

More questions we are asked

Can a foreigner own land in Thailand?

Generally no. Condominium units within the foreign quota are the ordinary route, with long leases, usufruct or superficies as alternatives for land.

How long does the appointment take?

A prepared transfer commonly completes within a few hours at the counter; missing certificates are what turn it into a second appointment.

Who pays the transfer fee?

It is negotiable and usually split, but the allocation should be written into the sale contract rather than assumed.

Can I complete without being in Thailand?

Yes, through a properly executed Land Department power of attorney, notarised and legalised if signed abroad.

Is a marriage relevant to the purchase?

Yes. Where a Thai spouse acquires land, the Land Office requires a declaration that the funds are the Thai spouse's separate property.

What is the difference between Chanote and Nor Sor 3 Gor?

Chanote is a full title deed with surveyed boundaries; Nor Sor 3 Gor is a confirmed right of use with weaker boundary evidence and different transfer treatment.