Section 8. In considering whether the land has been put to use, the rules prescribed in the Ministerial Regulations shall apply.

Persons shall not transfer the pre-emptive land that has not been certified by the District Chief Officer that the land has been put to use unless it is devolved by succession.

Section 9. The land with a certification from the District Chief Officer affirming that it is already put to use is transferable.

Section 10. The land that has been reserved for purposes as provided in the Act on Restriction on Waste Land of the domaine public of State, B.E. 2478 (1935) or other laws prior to the enforcement date of the Land Code shall remain restricted and reserved.

Section 11. In any district that there has been, prior to the enforcement date of the Land Code, issuance of Certificate of Ownership in Lieu of Title Deed and the Pre-occupation Certificate stamped “Already Put to Use”, only provisions prescribing the survey method and the issuance of the aforesaid certificate shall apply until the Title Deed is issued according to the Land Code.

Section 12. Provided that any person having a contract to sell/buy land or a hire-purchase contract that has been made prior to the enforcement date of this Act enters into and register the contract with the competent officials under Section 71 of the Land Code and in accordance with the rules and procedures as prescribed by the Minister within a hundred and twenty days from the enforcement date of this Act, it shall be deemed that, at the time the actual sale occurs, the buyer or hire-purchaser has obtained the land rights prior to the enforcement date of the Land Code.

Section 13. Provided that any person who has sold land with right of redemption prior to the enforcement date of this Act redeems the said land at the time the Land Code is in full force, it shall be regarded that such person has obtained the land rights prior to the enforcement date of the Land Code.

Section 14. In a case where a person has filed an application for land pre-emption with competent officials prior to the enforcement date of this Act but the permission is not completed when this Act comes into force, the District Chief Officer shall have power to carry out the process to its completion as implied in the Issuance of Title Deed Act (No. 6), B.E. 2479 (1936).

Section 15. The Minister of Interior shall have charge and control of the execution of this Act and the Land Code and shall have power to appoint competent officials and issue Ministerial Regulations for the execution of this Act and the Land Code.

Such Ministerial Regulations shall come into force upon their publication in the Government Gazette.

Countersigned by:
Field Marshal P. Pibulsongkhram
Prime Minister

Land Code
Chapter 1
General Provisions
 

Section 1. In this Land Code:

“Land” means the general land, including mountains, brooks, swamps, canals, ponds, riverside villages, waterway, lakes, islands, and shore land.

“Land rights” means the ownership, including possessory rights.

“Pre-emption Certificate” means the document showing consent for the temporary land possession.

“Utilization Certificate” means the document given by competent officials to certify that the land is put to use.

“Land Examination Certificate” means the document indicating that the land has been examined for further issuance of the Title Deed, including land parcel identification slips.

“Title Deed” means the document showing the land ownership, including the Title Deed Maps, the Certificate of Ownership in Lieu of Title Deed, and the Pre-occupation Certificate stamped “Already Put to Use”.

“Survey” means the survey, the determination and marking of the boundaries, and recording or calculation related to the survey in order to determine the boundary lines or the location of land and its area.

(Repealed)³

“Public Bodies”⁴ means the public units holding a juristic person status and being a part of central, provincial, or local government organizations.

“Committee” means the National Land Allocation Committee.

“Competent officials” means public officers who perform activities under this Code as well as other officers appointed by the Minister for the execution of this Code.

“Director-General” means the Director-General of the Department of Lands.

“Minister” means the Minister having charge and control of the execution of the Act Promulgating the Land Code and this Code.

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3. Section 1, definition of “Land Trading” is repealed by the Act Amending the Land Code (No. 12), B.E. 2551 (2008).

4. Section 1, definition of “Public Bodies” is added by the Act Amending the Land Code (No. 2), B.E. 2521 (1978).

The English language translation is provided for research and educational purposes only. Persons with legal problems in Thailand are advised to contact a licensed lawyer,
Thailand Attorneys
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