Land smaller than the deed says: area shortfall remedies in Thai land sales (CCC 466-467)

What can you do if the land you bought is smaller than the area in the contract or title deed? If the sale stated the total area, CCC Section 466 lets the buyer deal with a shortfall (or excess) by paying a proportionate price or, above a threshold, rejecting the land. Section 467 bars any court action more than one year after delivery. The two sections are short, so the practical lesson is to check the area before you transfer, not after.

What Sections 466 and 467 say

• Scope — a sale of immovable property where the total area is specified and the seller delivers less or more than contracted.
• Buyer's option — to reject the property, or to accept it and pay the proportionate price.
• The 5% band — in the ThaiLawOnline translation, if the deficiency or excess does not exceed 5% of the specified area, the buyer is bound to accept and pay the proportionate price.
• Rescission safety valve — even inside that band, the buyer may rescind if the gap is such that, had they known of it, they would not have entered the contract.
• Section 467 — one year — no action for liability on account of deficiency or excess can be brought later than one year after delivery.

Why this matters on Koh Phangan

Land here is sold by the rai, and many older plots (Nor Sor 3 Gor, or chanote surveyed long ago) carry areas that differ from what a modern survey finds. Prices are often quoted per rai, so a small percentage gap can be a large amount of money; see how land is priced per rai. Section 466 is a remedy for the buyer after the fact, but it is not a substitute for checking.

Open points to take legal advice on

• Which area counts — the translation refers to the 'total area so specified'. Whether that means the area written in the contract, the area on the deed, or a figure from a new survey depends on the facts and the wording of your agreement.
• Lump-sum sales — a price expressed for the whole plot 'as is' rather than per unit of area may change how a court reads the clause. This is a point for a Thai lawyer, not something the statute text settles.
• 'Delivery' for land — when time starts running (registration, handover or both) should be fixed in the contract rather than argued later; see limitation periods.
• Official resurvey — if the Land Office resurveys and the boundaries change, a separate statutory process applies; see boundary resurvey under Section 69 bis.

How to avoid it

• Commission an independent survey before signing and compare it with the deed area and the LandsMaps check.
• State the basis in the SPA: a per-rai price with an adjustment formula, a tolerance, and a right to withdraw beyond it; see the sale and purchase agreement.
• Hold part of the price back until the survey is confirmed, using a lawyer-drafted mechanism rather than informal short-paying.
• Work through the checklist in the due diligence guide.

Takeaway: the Code gives a buyer a price adjustment or exit for area gaps, but only for a short window after delivery. Section texts here are unofficial English translations and the Thai text governs, so confirm the details with a Thai lawyer before relying on them.