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Upgrading Property Title In Thailand?
Transcript of the above video:
As the title of this video suggests, we are discussing upgrade of property title here in Thailand. Now what are we talking about with respect to this? Well unlike for example a jurisdiction such as in the United States, I will just take my home state, for example Kansas, where virtually every property title you see - now wild title and things can exist out there with regard to ownership of the title deed - but in terms of the actual nature of the title itself, generally speaking you are going to be dealing with so-called Fee Simple Absolute, what may be referred to as Freehold title in an Australian context for example. This is a little different here in Thailand.
Now Chanote title, which is kind of the title that is most analogous to what most for example Americans are used to dealing with, that is Freehold title; that in my mind is kind of the analog to Fee Simple Absolute insofar as you have ownership rights, you have the right to use it pretty much unfettered. You can sell it, alienate it, whatever, lease it and not a lot of issues associated with that. Not all property titles here in Thailand are like that. Some types of property title are most akin to I remember taking Native American Law back in the United States, and some of the property title is very akin to like allotment land which is like federally allotted land that okay certain folks who may have tribal designation have full unfettered rights to use it but it's being held in a kind of trust wherein those folks can't sell it, they can't alienate it. In certain instances they may not even be able to lease it and things but they themselves can use it for whatever purpose they want. There are similar types of title here in Thailand.
That stated, I thought of making this video after reading a recent article from the Nation, that is nationthailand.com, the article is titled: Agriculture Ministry introduces 'tree deeds' scheme for farmers to secure loans. Quoting directly: "The implementation of the ‘tree deeds’," and they go into this whole ‘tree deeds’ thing; kind of an interesting idea where you can collateralize your trees for purposes of getting a loan. I like that a lot more than collateralizing land, as I have discussed in other videos. That said, I'm always a little wary with debt and things over here because debt can have detrimental implications down the road but if it is properly implemented, there could be mutual benefits for everybody involved. But for more information on the tree deed thing, check out that article in detail. That said, this excerpt goes to the thrust of this video. Quoting directly: "The implementation of the ‘tree deeds’ will follow the ongoing project to upgrade Sor Por Kor 4-01 farm landholding documents into "land deeds for farming" nationwide. Currently the Sor Por Kor 4-01 documents farmers' rights to cultivate on specific plots of land that cannot be sold. Upon upgrade, these documents can be used as collaterals for loans." So that is what we are looking at.
Now question. Again these upgrades and then they can be used as collaterals for loans, I've seen other videos, I've done other videos where we have discussed all this Pearl Clutching by quite honestly the media which I often wonder how ensconced they are in the banking world when I read some of these articles but they were sort of clutching their pearls that "oh many people in Thailand have debt", well as I noted, they have unsecured debt which that is more of a problem for the lender than the borrower. Now if these Land Deeds are upgraded and these can be collateralized, I could see there being issues associated with that down the road because people could end up losing their land to the banks because they can't pay back loans. Look as a kid from Kansas I know the history of how that goes down and that can be really, if you go back to the history of the Great Depression and the Dust Bowl, and people lost their farms and the Okies and they all, ‘Of Mice and Men’, they are all wandering around the West because they kind of become itinerant. My only point with this is, I am not saying it is good better or indifferent but it's something that everybody should take a breath and think about before implementing. So let's set that aside.
That said, more to the point of this video, yes, title can be upgraded under certain circumstances here in Thailand and if one undertakes all the formalities necessary to upgrade title here in Thailand, there could be substantial ramifications in terms of the property rights associated with the updated title associated with the relevant real estate.