Power of Attorney for Buying, Selling, and Mortgaging Land Title Deeds

"Precautions and Usage of Power of Attorney for Land Transactions: Buying, Selling, and Mortgaging"

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Power of Attorney for Buying, Selling, and Mortgaging Land Title Deeds

Power of Attorney for Buying, Selling, and Mortgaging Land Title Deeds

What Is a Power of Attorney for Buying, Selling, and Mortgaging Land Title Deeds

A Power of Attorney for Buying, Selling, and Mortgaging Land Title Deeds is a document by which a landowner or contracting party authorizes another person to act on their behalf in relation to the purchase, sale, or mortgage registration of land at the Land Office. This document does not itself transfer ownership or create a mortgage, but grants authority to perform the specified acts.


Legal Basis

  • Thai Civil and Commercial Code provisions on agency and power of attorney

  • Land Code provisions on registration of rights and juristic acts

  • Land Department rules and prescribed forms


Essential Contents

  • Details of the principal and attorney-in-fact

  • Land details (title deed number, land number, area, location)

  • Scope of authority (buy, sell, mortgage)

  • Duration of authority

  • Signatures, witnesses, and stamp duty


Practical Requirements

  • Use the Land Department’s prescribed form

  • Signatures must be witnessed

  • If executed abroad, signatures must be certified by a Thai embassy or consulate

  • Authority is limited to the specified scope and period


Common Risks

  • Overly broad authority

  • Unclear scope of authority

  • Expired power of attorney

  • Incorrect document format


Safe Practices

  • Limit authority to necessary acts

  • Specify validity period

  • Verify documents prior to submission

  • Revoke the power once completed


Key Takeaway

A land title deed power of attorney authorizes representation only.
Ownership transfer or mortgage arises only upon official registration.


FAQ

Q1: Can land ownership be transferred solely by a power of attorney?
A: No, registration with the Land Office is required.

Q2: Must the Land Department’s form be used?
A: Yes.

Q3: Can multiple authorities be granted in one document?
A: Yes, if clearly specified.

Q4: What if the principal is abroad?
A: Signature certification by a Thai embassy or consulate is required.

Q5: How long is a power of attorney valid?
A: As specified in the document.

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