Land Title: What to do in case of Loss or Damage?

Your land title is an important legal document that proves your ownership of a property. However, accidents can happen and it may get lost or damaged. You might forget it somewhere, it could get damaged from water or fire, or it could possibly get stolen. If this happens to you, don't panic. In this blog post, we'll discuss the steps you should take in order to get a replacement title and protect your ownership rights.

1. Report to the local official

Losing or damaging your land title can be a stressful experience, but the first step towards reclaiming your ownership is to report it to the local official. This serves as confirmation that you intend to reclaim the same land title, and that no fraudulent activity has taken place. It's important to note that any fraudulent report can lead to serious legal consequences. By reporting the incident, you show your integrity and honesty in the process of requesting a new land title. In this blog post, we'll guide you through the steps you should take if you find yourself in this situation.

**Two witnesses are required to certify the damage/loss

Having proper evidence to support your claim is crucial as keeping a record may not be enough, which is why the land office requires landowners to have two witnesses to certify the claim. Your witnesses can be people you know and trust, such as close friends, family members, or neighbors. When you go to the land office, both witnesses must present their ID cards and sign a certification document in front of an officer to confirm that you have indeed lost or damaged your land title and require a new one. This process helps ensure clarity and prevent any potential fraudulent activities, such as using the land as collateral for a loan and then requesting a new title. Should any issues arise in the future, both witnesses will be required to testify in court. By following these steps, you can demonstrate the integrity of your claim and protect your rights as a landowner.

Once you have reported and recorded the loss or damage of your land title and obtained two witnesses, you can proceed to apply for a new land title at the land office by bringing the daily record and the two witnesses.

2. Request for a new Land Title

Prepare evidence

Before requesting for a new land title, it's important to make sure you gather up relevant documents as evidence. The following are three potential scenarios for the land title requesting process.

The land title was damaged but you have evidence

In this case, if there is evidence that can be verified, such as the position of the land, the land title number, the name and seal of the provincial governor, and/or the name and seal of the land officer according to the type of land title, supporting evidence must be provided as follows:

• Land title deed
• Identification card of the person requesting a new land title
• House registration document
• Evidence of name change (if applicable)

The land title was damaged but you don't have evidence

In case of a damaged land title and no available evidence for verification, prepare the same evidence as mentioned earlier, but you must follow these steps:

• Find two witnesses with their national identification cards to assist the investigation process.
• If the land title is lost due to criminal activity, provide evidence of the report made to the investigating officer.
• If the case is a court order or a legal request for a new land title, provide the final court order or judgment or the request letter.

In case of a lost land title deed or the original landowner has passed away

• Daily record report
• National identification card of the applicant for a new land title
• Household registration of the person reporting the loss or damage, and evidence of any name changes (if applicable)
• Death certificate of the previous landowner, and if applicable, the heir must bring the document to receive inheritance of the land and transfer ownership.

Contact the Land Office to apply for a new land title

After preparing all the necessary documents, you can contact the land office in your area to apply for a new land deed. There will be a fee of approximately 75 baht, which includes the application fee, notice posting fee, new land deed fee (for the replacement land deed), and there are 12 steps involved in the process of applying for a new land deed, as follows:

1. Receive queue card.
2. Officers receive requests and inquire about information from those who request a new land deed.
3. Check evidence, check power of attorney documents, and consider orders.
4. Enter the request into the task register.
5. Check and seize missing or damaged land deeds.
6. Issue an order form and receipt, and receive the application fee.
7. Print announcements in the case of lost or destroyed land deeds or certificates of utilization.
8. The land owner receives the announcement and brings the officer to close the announcement.
9. Distribute announcements to close in the area where the land is located, at the district office, sub-district office, or branch office where the land is located, and in the municipal area, one announcement should be kept at the municipal office.
10. The announcement is published for 30 days. If there is no objection or protest, a black and white copy can be created.
11. Propose to the land officer to sign the copy and inform the land owner to receive the copy.
12. Deliver the new land deed (replacement document) to the land owner, and the process is completed.

For the new land title deed, it will not be the same as the old one, but will be called the "substitute land title deed". It will have red letters stamped on the document that say "substitute" to indicate that this document can be used to replace the original land title deed in all cases. For example, when conducting a real estate transaction or when we need to buy or sell land, we can use this substitute land title deed.

Conclusion

In conclusion, losing or damaging your land title can be a stressful and overwhelming experience, but there are steps you can take to address the situation. Start by immediately reporting the incident to the Land Office or Land Registry Office where your title was issued. Provide any necessary documentation or information they may need to assist you in obtaining a duplicate title. It's also a good idea to consider getting title insurance to protect yourself from potential losses or damages in the future. Remember to always keep your land title in a secure place and to take necessary precautions to prevent it from being lost or damaged.

If you would like to buy or rent your ideal property, list your property with us, or if you have further questions and concerns, please get in touch with us. Our property consultants will be very happy to assist you