Post on 28-Dec-2015
July 2010by
EMORN PRASITTISOOK
T H A I L A N D Total area 513,115
Sq.km. (51.3 Million
ha) 76 ProvincesPopulation 64 million
Estimate of Land Type and Use• Forest 2 3
million ha• State land 77.
million ha• Public land 4.2
million ha
Department of Lands
Evolution of Land AdministrationEvolution of Land Administration
Historically land belonged to the King but people had right to use and to transfer to their heirs
Red stamp title for tax collection purposes introduced in 1360
Private rights in land introduced in 1872Private rights in land introduced in 1872 First title of ownership issued in 1901 Law consolidated into the Land Code in aw consolidated into the Land Code in
19541954
Department of Lands
Institutional Arrangements
Department of Lands
• Land Registration Department created in 1901
• At various times:• Separate survey and registration
functions• Other functions part of Lands (eg Mines)• Part of MA and MOI
• Single agency in MOI since 1943 responsible for:• Land registration• Cadastral survey and mapping• Collection of land related fees and
charges
Land Code 1954
Department of Lands
• Land Code in Thailand provides clear basis for:
• Recognition of rights in land• Allocation of public land• Systematic & sporadic registration of
private rights• Cadastral surveys and registration of
dealings• Administrative procedures to settle
disputes and correct records• Changes to Land Code fundamental for
Land Titling Project
Land Tenure Typology
Department of Lands
• State Land• Forest and protected areas• Government real estate• Land manageded by local administration• Public Domain
• Private Land (under Land Code)• Title Deeds (NS4)• Certificates of utilisation (NS3/NS3K)• Pre-emptive certificates (NS2)• Claim certificates (SK1 and others)
Adjudication Processes
Department of Lands
• Sporadic application (in 76 Provincial and 435 Branch land offices)
• Systematic adjudication• Ground survey• Using photomap as a map base• Office conversion of NS3K
• Issuance of pre-emptive right (in 396 District land office)
Adjudication Processes
Department of Lands
• Systematic process undertaken on a village-by-village basis (units of sub-village)
• Undertaken by teams from central office with limited interaction with land offices
• Concrete corner marks emplaced (except for NS3K conversion)
• Village officials paid a fee to participate
• Single fee charged at the end of process – only covers part of the cost
• Process (including 30 day public display) routinely produces titles in 3 months
• Very few disputes
Systematic Adjudication Output
Department of Lands
• Systematic output between 1985 and 2009 - 12.357 million titles• Ground survey 4.919 million (39.8%)• Photomap survey 4.078 million (33.0%)• NS3K Conversion 3.361 million (27.2%)
• Title register in 1984 was 4.4 million; in 2009 was 26.898 million
• Sporadic titles issued between 1985 and 2009 was 10.14 million
Land Document
Department of Lands
LAND DOCUMENT in 2009
Document
Parcels Area (ha.)
Title Deed
26,898,345
15,507,050
N.S.3 K 3592, ,433
29891, ,26
N.S.3 1 ,100,840 16066, ,80
Pre-emtive
153,782 231,273
Total 31,745,400
20,334,131
Land Registration
Department of Lands
• DOL is the only agency responsible for registration
• System based on Torrens Title system• System supported by good records
management system• More than 143 types of registration• Registration on day of application
(unless legal issue or survey required)• One stop service• Very efficient with high public
acceptance
Land Records
Department of Lands
• Land office holds all land records (title, dealings, survey)
• Cannot issue title unless parcel is charted on a cadastral map
• Cadastral maps at a range of scales (1/4,000, 1/2,000, 1/1,000, 1/500)
• Dealings held in parcel files• Use of national personal identification
system as proof of identity • Pragmatic approach to survey:
• Accuracy specified at map scale• First order – with TS/GPS• Second order using graphical
means/photomaps
Land Registration
Department of Lands
• Legal basis for registration• Civil and Commercial Code• Land Code
• Land records can only be updated by registration
• The land records have strong legal recognition (by law and in practice)
Land Registration
Department of Lands
• Registration fees and taxes collected by DOL:• Transfer fee (2%, 1%, or 0.5% of CVA
value)• Income tax (similar to a capital gains tax)• Surcharge for property held less than 5
years (3.3% of CVA value)• Stamp duty (0.5% of CVA value or declared
price)
Land Registration
Department of Lands
Fee and Tax Collected in 2009Registration 5,618,470 applications
Type Thai Baht US$ m
Fee 11,809,113,175 366.6
Income Tax 15,356,349,849 476.8
Surcharge (held < 5 Years) 2,081,369,121 64.6
Stamp Duty 2,479,867,157 77.0
Total 31,725,867,157 985.0
ThailandThailandLand Titling ProjectLand Titling Project
(1985-2004)(1985-2004)
• 20 year plan, designed as 4 five-year phases
• Implemented with support of World Bank and the Australian government
Land Titling Project
Department of Lands
PHASE I
PHASE II
PHASE III
PHASE IV
Title Deeds Completed
Land Titling Project
Department of Lands
DOL difficulties prior to LTPDOL difficulties prior to LTP::• Insufficient control for title issuanceInsufficient control for title issuance• Lack of up-to-date cadastral map Lack of up-to-date cadastral map
sheetssheets• Inconsistencies in Province/District Inconsistencies in Province/District
recordsrecords• Land records degradingLand records degrading• Limited systematic registration Limited systematic registration
capacity (200 years to complete capacity (200 years to complete task)task)
Land Titling Project
Department of Lands
Land Titling Project
Department of Lands
• Key outputs:• Systematic registration of 11.2 million
titles• Establishment of 345 provincial/branch
land offices• Generation of 105,101 rural and 38,298
urban cadastral maps• Socio-economic studies have
demonstrated:• Titled land is more valuable• Increased access to institutional credit• Increased use of farm inputs on titled land• Productivity increased for titled land• Increase in cultivated area
Continuing Challenges
Department of Lands
• Recruiting and keeping staff
• Facilitating access to mostly manual records
• Definition of boundaries of forest and other public land
• Need to further develop land policy
Department of Lands