A due diligence checklist for Thai land you can work through in two days

Most pre-purchase checks can be done yourself, without waiting for a lawyer. What to check, where to check it, and the findings that mean stop.

A due diligence checklist for Thai land you can work through in two days

Due diligence sounds like a lawyer's job. Most of it is not. It is work the person putting up the money can do, and probably should, since they are the one carrying the whole risk.

Day one — the Land Office

Take a copy of the title to the local Land Office and ask to see:

  • The current registered owner. Does it match the person you are dealing with? If not, there must be a properly executed power of attorney.
  • Encumbrances on the reverse of the deed. Mortgages, injunctions, usufructs and rights of way are all recorded there.
  • Area and plot shape. Do they match what is being advertised?
  • The assessed value, which sets the transfer fee and taxes.

The copy an owner shows you may be out of date. Checking at source is the only way to be sure.

Day one — zoning

Ask to see the town plan at the provincial Public Works and Town Planning office, or the local municipality.

The zoning colour decides what can be built. Green zones — rural and agricultural — do not permit commercial buildings or hotels, however clean the title is.

If the plan is a resort or a homestay, check this before any deposit moves.

Day two — walk the land

Go to the plot with the deed in hand and check:

  • The boundary posts are all present and match the shape on the deed.
  • Access. Is it a public road, or does it cross someone else's land? If it crosses, there must be a registered right of way — not simply "the previous owner always let us through".
  • Anyone living on or using the land. Tenants, occupiers and farmers all have to be resolved before transfer.
  • Utilities. Are electricity and mains water available? The distance to the nearest pole is a real cost.

Findings that mean stop

  • The seller will not let you check at the Land Office
  • The document is Sor Por Kor, Por Bor Tor 5 or Sor Kor 1
  • The price is far below market with no explanation that holds up
  • There is no registered access
  • Boundary posts are missing or do not match the deed
  • People are living on the land and the seller says they will "sort it out"

When to bring in a lawyer

The checks above are yours to do. Use a lawyer when:

  • The value is high enough that fees are a small fraction of the risk
  • The structure is complicated — a company purchase, or a foreign buyer
  • There are encumbrances that must be discharged before transfer
  • The land has a history of dispute

What belongs in the sale agreement

State who pays each fee and tax. Set the transfer date. Set the conditions under which the deposit is returned if a problem is found. State the condition the land must be handed over in — vacant, and free of encumbrances.

An agreement that leaves these vague is what becomes an argument on transfer day, which is the day a buyer has least leverage.

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