Due diligence & title checks

Most Thai property disputes trace back to a check that was skipped, not a law that was unclear. Due diligence is the least glamorous part of buying property and the part that protects you the most.

Know your title deed

What to check at the Land Office

• Who actually owns it. Confirm the registered owner matches who you are dealing with, and that any seller acting under a power of attorney has a valid, current one.
• Encumbrances. Mortgages, liens, servitudes and registered leases all show on the title copy the Land Office can issue — a clean-looking listing from an agent is not the same document.
• Recent transaction history. Frequent recent transfers, or a transfer shortly before a sale to you, can be worth asking about.

Encumbrances, in more detail

“Encumbrance” covers several distinct things that show up on a title search, and they affect a buyer differently:

• Mortgage. A registered loan security. If present, confirm whether it will be discharged before or at transfer, and get proof of discharge — not just the seller’s word. See mortgages & financing.
• Servitude. A registered right benefiting or burdening the land in favour of a neighbouring property — commonly a right of way. A servitude burdening the land you are buying can restrict what you can build or how the land can be accessed by others.
• Registered lease. A prior tenant’s registered lease generally survives a sale and binds the new owner for its remaining term — you would be buying land that is already leased to someone else. See leasehold vs freehold.
• Usufruct or superficies in someone else’s favour. If a previous owner granted one of these rights and it is still registered, it can bind you as the new owner just as a lease would.
• Court attachments or disputes. A title can show a registered attachment connected to litigation involving the current or a prior owner — a clear signal to pause and investigate before proceeding.

Check the land, not just the paper

• Walk the boundaries against the deed’s survey plan, especially for Nor Sor 3 land where boundaries are less precise.
• Confirm legal access — a landlocked plot with only an informal access path across a neighbour’s land is a real problem, not a technicality.
• Check zoning and building regulations for what you intend to build; some areas restrict height, density or use.
• Look for signs of encroachment — a neighbour’s fence, structure or planting over the boundary line.
• Where relevant to the location, ask about flood history and any environmental or coastal-setback restrictions that could affect future building or insurance.

Condo-specific checks

For a condo unit, add: the remaining foreign ownership quota in the building, the juristic person’s sinking fund and arrears position, and any pending special assessments. See buying a condo and condo fees & the juristic person.

Off-plan and developer checks

Buying before construction is complete adds developer-specific checks — construction licence, environmental approval where required, and the developer’s track record on delivering past projects. See off-plan risks.

Due diligence for leases, usufructs and company-held land

If you are not buying freehold, due diligence extends beyond the title itself. For a lease: confirm the person granting it is actually the registered owner, and that any existing mortgage or other encumbrance on the land does not undermine the lease. For a usufruct: confirm it will actually be registered, not left as an informal family arrangement. For land held through a company you are buying into: check the company’s own records, its shareholder structure and its accounts, not just the land title — see property through a Thai company.

What a title search report typically covers

A lawyer-run title search generally produces a written summary covering the registered owner, the deed type and its history, any encumbrances found, and any flags worth investigating further — giving you something concrete to review and keep, rather than a verbal assurance. Ask for this in writing before you sign a binding contract, and keep it with your other purchase records; it can matter again if a dispute or a resale comes up later, see property disputes & resolution.

How long due diligence typically takes

A straightforward resale condo with a clean, well-documented title generally takes less time to check than rural land with unsurveyed boundaries, a lease with a chain of prior assignments, or property intended to be bought into an existing company structure with its own history to review. Rather than fixing a number of days in your head before you know what you are actually dealing with, ask your lawyer for a realistic estimate once they have seen the specific title and structure — and treat a seller’s pressure to skip or rush this step as itself a reason for caution, not a reason to comply.

Who should do this

An agent’s reassurance is not due diligence, and neither is a friend’s recollection of how their purchase went. A lawyer engaged specifically to run title and encumbrance checks, independent of the seller and the agent, is the standard way to do this properly — see using a lawyer.