Bangkok: The Land Department has unveiled the results of the Royal Decree on Land Reform Zones, providing clarification on whether Sor Por Kor land can be issued with title deeds.
According to Thai News Agency, the enactment of the Royal Decree defining the land reform area does not yet permit the Agricultural Land Reform Office (ALRO) to acquire land for the benefit of land reform. This process can only commence once the ALRO intends to utilize the land for reform purposes. In cases involving state land, the ALRO is required to proceed in alignment with Section 26, paragraph one (1), (2), (3), or (4). If private land is involved, it must first be purchased or expropriated in accordance with Section 29 before the ALRO can utilize it for land reform.
The issuance of title deeds in land reform areas is strictly regulated. Land within these zones is classified as reserved land, prohibiting the issuance of title deeds under Ministerial Regulation No. 43 (B.E. 2537) as per the Land Code Enforcement Act B.E. 2597, Section 14 (4). The Council of State has opined in Case No. 781/2535 and Case No. 207/2537 that once a Royal Decree designates a land reform area, officials cannot issue land rights documents to individuals who were in possession and utilized the land before the Land Code's effective date, unless they declared their possession in accordance with Section 5 of the Land Code Enforcement Act B.E. 2497 or their intention to acquire land rights under Section 27 ter of the Land Code before the agricultural land reform area was determined.
Landowners who have evidence of possession and utilization of the land prior to the land reform area's announcement are obligated to prove their right to officials when seeking a land title deed. The issuance must adhere to the criteria specified in Ministerial Regulation No. 43 (1994) Section 14. Land eligible for a title deed must be possessed and utilized by the rightful owner and must meet the legal requirements for a title deed issuance.
Currently, officials must comply not only with relevant laws, regulations, and orders but also with the memorandum of understanding between the Land Department and the ALRO regarding the procedures for issuing land title deeds in land reform areas, established in 2015.