ACT PROMULGATING THE LAND CODE B. E. 2497
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BHUMIBOL ADULYADEJ REX
Given on the 30 th day of November B.E. 2497
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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 ‘Act Promulgating
the Land Code B.E. 2497 (A.D. 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be repealed:
- 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;
- The Land Title Deed Issuance Act R.S. 127;
- The Land Title Deed Issuance Act No. 2;
- The Land Title Deed Issuance Act No. 3;
- The Act Amending the Provisions of Section 25 of the Land Title Deed Issuance Act R.S. 127;
- The Reservation of Vacant Land as Public Domain Act B.E. 2478(A.D.1935) ;
- The Land Title Deed Issuance Act (No. 5) B.E. 2479 (A.D. 1936);
- The Act Controlling Land speculation by Partnerships and Limited Companies B.E. 2485 (A.D. 1942);
- The Land Title Deed Issuance Act (No. 7) B.E. 2486 (A.D. 1943);
- 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);
- 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);
- The Land Act in Regard to Aliens B.E. 2486 (A.D. 1943);
- The Land Act in Regard to Aliens (No. 2) B.E. 2493 (A.D. 1950); and
- 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.
Counter-signature:
Field Marshal P. PIBULSONGKRAM,
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 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 If is
forbidden to all except the competent authority to
destroy, alter, move or remove 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.
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.
