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Article 2: Due Diligence on Thai Land: What My Attorney Checked

Due diligence is the cheapest protection you will buy in a Thai land deal. My contract allowed 30 days, and my attorney finished in about a week. The result was a written report in both Thai and English, and my deposit was protected the whole time. Here is what was checked and what it meant for me.

What it cost

A due diligence report typically costs around 15,000 to 25,000 THB, depending on the attorney and the scope of work. Mine was 15,000 THB. It is one of the best-value costs of the whole process.

What my attorney checked

  1. Type of title. Mine is a chanote (Nor Sor 4 Jor), the highest form of land title in Thailand, issued after an official survey with boundary markers. Ask exactly which type of title your land has.
  2. Title deed details. The deed number, parcel number, volume and page, map sheet, issue date and issuing office were checked against Land Department records.
  3. Registered owner. Your attorney confirms who legally owns the land. Everyone named on the title must take part in the deal.
  4. Land history. An unbroken chain of ownership, including any past subdivisions and easements.
  5. Encumbrances. No mortgage, usufruct, superficies, registered lease or right of habitation.
  6. Easements. Mine has a registered right-of-way easement benefiting neighboring land. Ask where it runs in relation to your plot and your building area.
  7. Court orders and legal restrictions. No court orders, seizures, bankruptcy or transfer bans. The Land Department check does not replace a separate court records search, so ask whether you need one.
  8. Legal access. The land has a road to it, with distance, road condition and obstructions checked.
  9. Zoning and land use. Residential development was permitted. Zoning can limit building height and roof style, so learn the rules before hiring an architect.
  10. Environment. The land is not in a mangrove area, forest reserve, national park, wildlife sanctuary or marine protected area.
  11. Utilities. Electricity, water, drainage and telecoms were checked. Confirm capacity and connection fees before you build.
  12. Boundaries. The report is a visual check only and recommends an official survey, which was completed before closing.

The official survey: know exactly what you are getting

My plot was subdivided from a much larger parcel, so due diligence was done on the large title deed. An official survey by the Land Department divides the land into smaller parcels with precise boundaries and areas. Ask your attorney to confirm:

  • The survey matches the exact portion you are leasing
  • The boundaries and total area match your agreement
  • How the subdivision is being registered
  • Where shared roads, access and easements run in relation to your plot
  • Who owns and maintains shared roads, and who pays for upkeep

The result

My overall legal risk was assessed as low, with no major issues found. The report included two recommendations: complete the official boundary survey, and confirm utilities before building.

My tips

  • Hire your own attorney, not the seller's or the agent's.
  • Ask for the report in writing, in your own language.
  • Read the recommendations section carefully, because that is your to-do list.
  • A report is a snapshot in time. It covers only what was checked on the date it was done and is not a guarantee.

Next step

With due diligence complete, your attorney drafts the lease and the side agreement. Read Article 3 in this series, and download the free guide for all five steps.

This is my personal experience, not legal advice. Always use your own Thai attorney.

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