Currently, there is still a lot of misunderstanding regarding land title deeds and various types of property rights documents in terms of legal transactions and property sales. In reality, a land title deed is considered one type of property rights document, but at the same time, property rights documents come in many forms, and some types cannot be bought, sold, or legally transferred. This leads to disputes and misunderstandings in property transactions.

To clarify which types of property rights documents can be bought, sold, and legally transferred, TerraBKK has compiled information on the types of property rights documents for your reference.

Types of Property Rights Documents That Can Be Bought, Sold, and Legally Transferred

  1. Land Title Deed (N.S.4) is the most complete document showing ownership of land, allowing full benefits from that land.
  2. Certificate of Utilization is a document certified by officials that the land has been utilized according to conditions, and it is land that can be certified under the law. There are three types of certificates of utilization:
  • N.S.3 - This certificate is issued to general land occupants for areas without a designated map. It is a floating map without a specific land location, but the minister has not yet revoked the authority of the district chief, district officer, or sub-district officer with the local district officer issuing the certificate.
  • N.S.3 Kor - A certificate for land with an aerial photo map that specifies the land location in the aerial photo map, issued by the local district officer.
  • N.S.3 Kor - A certificate for land issued in areas without an aerial photo map but where the minister has revoked the authority of the district chief, district officer, or sub-district officer with the land officer issuing the certificate.

            For the certificate of utilization or N.S.3, the holder of the certificate is merely a possessor and does not have ownership of the land. However, the owner of the land with the certificate can register the sale to another person, but it must be done in writing and registered in front of an official. For mortgages, banks generally recommend converting to a land title deed first.

  1. Investigation Certificate (N.S.5) is a document indicating that an investigation of land rights has been conducted. It is not a document showing ownership but can be registered for transfer.

Types of Property Rights Documents That Cannot Be Bought, Sold, or Legally Transferred

  1. Reservation Certificate (N.S.2) - A reservation certificate is a document issued by the government to show consent to temporarily possess and utilize the land. There will be announcements for reservations in various localities. Holders of reservation certificates must complete land utilization within 6 months and continue utilization for 3 years, utilizing 75% of the land, to be eligible to request a certificate of utilization (N.S.3 / N.S.3 Kor / N.S.3 Kor) and a land title deed. However, while it is a reservation certificate (N.S.2), it cannot be sold or transferred to others, except by inheritance.
  2. Land Development Fund (S.P.K. 4-01) grants rights for agriculture and housing on land for agricultural purposes only as a right to possess land for agriculture, not ownership of the land. It cannot be sold or transferred out of the title deed except by inheritance for agricultural purposes.
  3. Forest Land Utilization Certificate (S.T.K.) is a document granting rights to utilize land in forest areas and cannot be sold or transferred out of the title deed except by inheritance for agricultural purposes.
  4. Tax Payment Form (P.B.T. 5) is a form for local tax payment and cannot be bought or sold.

 

Article by: TerraBKK Knowledge Base

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