The persons to whom the competent officials may issue Title Deed or the Utilization Certificate under paragraph one include:

(1) persons with evidence showing their claims for the possession of land, the Pre-emption Certificate, the Squatter’s Certificate, the Utilization Certificate, the Certificate of Ownership in Lieu of Title Deed, and the Pre-occupation Certificate stamped “Already Put to Use”, or any person with rights under the law on land allocation for living;

(2) persons who comply with Section 27 ter.;

(3) persons who possess and make use of land after the enforcement date of this Code without the Pre-emption Certificate, the Squatter’s Certificate, or any evidence showing the right under the law on land allocation for living.

For the purpose of this Section, persons with evidence showing their claims for land possession under paragraph two (1) shall include those who possess and make use of land in continuation of the aforesaid persons.

The Title Deed or the Utilization Certificate, as the case may be, shall be issued to persons under paragraph two (2) and (3) for not more than fifty rais of land. In case of more than fifty rais, the approval of the provincial Governor shall be obtained on a case by case basis in accordance with the rules prescribed by the Committee.

Within ten years from the receipt of the Title Deed or the Utilization Certificate under paragraph one, persons with land rights under paragraph two (3) are forbidden to transfer the land to other persons except through the devolution by succession or the transfer to public bodies,  governmental organizations under the law on establishment of the governmental organizations, State Enterprise established by the Act, or the co-operatives for purpose of performance of obligations with approval of the registrars of the co-operatives.

Within the forbidden period as prescribed in paragraph five, such land shall not be subject to the compulsory execution.

Section 58 ter.⁴³ If the Minister considers appropriate to issue the Title Deed in any particular province to the land for which the Utilization Certificate with the aerial photo map of the land has been issued, the locality and the commencement date of the issuance thereof shall be published in the Government Gazette by the Minister at least thirty days in advance.

In preparing a map for purpose of the Title Deed issuance under paragraph one, the evidence in the aerial photo map form used with the Utilization Certificate shall be adjusted with respect to the theoretical basis of the aerial photo map and used without conducting the cadastral survey except in case of necessity.

After a decision on the commencement date of the Title Deed issuance as prescribed in the Ministerial Regulations under paragraph one, any registration of the rights and juristic acts in connection with the land that requires a cadastral survey to be conducted by using aerial photo map shall be ceased except in case of necessity whereas the permission by the competent officials may be given on a case by case basis in accordance with the rules as prescribed by the Committee.

Under this Section, the Title Deed shall be issued to the person named in the Utilization Certificate as the rights holder.

Upon completing the preparation of the Title Deeds to be conferred to the right holders, the land officers shall announce the date of conferring the Title Deeds thereto and the Utilization Certificate for the relevant parcels of land shall be deemed annulled on and from the day announced to be the date of conferring the Title Deeds and such annulled Utilization Certificates shall be returned to the land officers except in case of loss.

Section 59.⁴⁴ In a case where there is a particular request for the issuance of the Title Deed or the Utilization Certificate by the person with possessory right, irrespectively of whether the notification of the Minister is made under Section 58, the competent officials may, if consider appropriate, proceed the issuance of the Title Deed or, as the case may be, the Utilization Certificate as requested in accordance with the rules and procedures prescribed in this Code.
For the purpose of this Section, the person with possessory right shall, in addition, mean any person who possesses and makes use of land in continuation of the person with evidence showing his/her claim for the possession of the land.

Section 59 bis.⁴⁵ If it is necessary for any particular person who has possessed and made use of land prior to the enforcement date of this Code without a document of land rights and having failed to notify of his/her land possession under Section 5 of the Act Promulgating the Land Code, B.E. 2497 (1954), exclusive of the persons incompliance with Section 27 ter., to apply for the issuance of the Title Deed or the Utilization Certificate, the competent officials may, if considered appropriate, proceed with the issuance of the Title Deed or, as the case may be, the Utilization Certificate in accordance with the rules and procedures prescribed in this Code under a condition that the land parcel requested for the issuance thereof shall not exceed fifty rais and, if otherwise, the approval of the provincial Governor shall be obtained in accordance with the rules prescribed by the Committee.

For the purpose of this Section, the person with possessory right shall include any person who possesses and makes use of land in continuation of the said person.

Next Page [1] [2] [3] [4] [5] [6] [7] [8] [9] [10] [11] [12] [13]
[14] [15] [16] [17] [18] [19] [20] [21] [22] [23] [24] [25]

43. Section 58 ter. has been amended by the Act Amending the Land Code (No. 4), B.E. 2528 (1985).