In a case where the executor whose name has been on the document of land rights requests the registration of land rights for the successor, the competent officials may proceed with the registration as requested without production of notice under Section 81.
In a case where the trustee of the lawfully established trust requests the registration as a trustee, the competent officials may, upon the interrogation and examination of witnesses and evidence, carry out the registration as requested.
Section 83.62 Any interested party in the land that may be registered or altered of its existing register by the execution of the Court’s judgment, wishing to have the land attached shall file an application with the competent officials under Section 71.
Upon the interrogation and examination of witnesses and evidence presented by the applicant, the competent officials shall, if considers convincing, attach such land for a period of thirty days from the date of order of attachment. Upon the expiration of such period, the attachment shall deems terminated and the said person may not file for the re-attachment under the same circumstance.
If the interested party makes objection that the attachment is unlawful, the competent officials shall have power to interrogate and examine witnesses and evidence to the extent necessary. In a case where it is convincing that the attachment is unlawful, the competent officials shall have power to terminate such attachment and notify the person requesting the attachment of such termination.
Chapter 7
Determination of Land Rights for Religious Purpose
Section 84. The acquisition of land by temples, Roman Catholic churches, Christendom charities, or mosques shall be approved by the Minister and shall not exceed 50 rais.
If it deems advisable, the Minister may approve the acquisition of land greater than the amount prescribed in paragraph one.
Provisions of this Section shall not prejudice the acquisition of land that has been finalized prior to the enforcement date of this Code and, in the province with the existence of judicial officers under the Islamic law (Justice Datoh), that is to be used as a mosque in accordance with provisions of the Islamic law.
Section 85. In a case where, during the time this Code remains in full force, any juristic person acquires the land greater than the amount prescribed under Section 84, such juristic person shall dispose of the said land within five years. In case of failure to do so, the Director-General shall have power to dispose of such land and the provisions prescribing the enforcement of the land disposal under Section 3 shall apply mutatis mutandis.
Chapter 8
Determination of Foreigners’ Land Rights
Section 86. Foreigners may acquire land by virtue of the provisions of a treaty granting the ownership of immovable properties and subject to the provisions of this Code.
Subject to Section 84, the acquisition of land by foreigners for purpose of residence, commerce, industry, agriculture, cemetery, public charity, or religion shall conform to the conditions and procedures prescribed in the Ministerial Regulations with permission of the Minister.
Section 87. The amount of land permissible under the preceding Section shall be as follows.
(1) For residential use, not exceeding 1 rai per family.
(2) For commercial use, not exceeding 1 rai.
(3) For industrial use, not exceeding 10 rais.
(4) For agricultural use, not exceeding 10 rais per family.
(5) For religious use, not exceeding 1 rai.
(6) For public charity use, not exceeding 5 rais.
(7) For cemetery use, not exceeding ½ rai per family line.
Provided that any foreigner wishes to use the amount of land for industrial purpose greater than that prescribed in (3), the Council of Ministers may, if considered appropriate, permit such use with certain conditions enforced and the provisions of Section 48 shall apply mutatis mutandis
Section 88. Provisions of Section 87 shall not prejudice the foreigners who have owned, prior to the enforcement date of this Code, the amount of land greater than that as prescribed in Section 87. Any foreigner who has owned the amount of land less than the aforesaid limitation or has heretofore disposed of it may acquire additional land under the condition that the total amount of land shall not exceed the restriction under Section 87.
Section 89. Foreigners shall use the land for the purpose as it is permitted for land acquisition only. Land use for other purposes is forbidden unless it is permitted otherwise under the limitation prescribed in Section 87. Non-use of land that has been formerly permitted for certain purpose of use shall be notified in accordance with the forms and procedures prescribed in the Ministerial Regulations within 30 days from the date of non-use of land.
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62. Section 83 has been amended by the Act Amending the Land Code (No. 9), B.E. 2543 (2000).
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