electau

[Extract] from post number 38.

We didn't use a lawyer; worked with a sharp agent in the Land Office; and it didn't cost much. (The wife asked the land agent what rent figure should be used [upon which the fee is based]; he gave some unrealistically low figure, which he assured was acceptable. The biggest cost was probably the tip we gave this guy.)

And, there's the usufruct route. May need a lawyer for that. Don't know.

The above shows why one should use a reputable lawyer that will work in your interests and why one should question any clause in a lease that concerns you. And ask how your lawyer interprets any clause. Get a copy of your lease in English (or your own language) and have it certified as a correct translation before you sign the lease agreement.

Just a note on my previous post. Cable sizes are minimum. Voltage drop based on 3% in the mains and sub-mains and 2% in the subcircuits. 5% max within the installation.

I have assumed that the consumers mains would be of short route length, from the point of attachment on the pole to the metering and main switch. 7 to 10 metres maximum.

Clearance from the ground to the aerial conductors should be 3 metres minimum.

Water heaters assumed to be the instantaneous type max demand 33.3% of FLA.

If you intend going to Australia (Melbourne) read this article from the Age newspaper.

Indian students have been exploited in accomodation and work.

http://www.theage.com.au/national/education/india-calls-for-end-to-exploitation-20100110-m0oc.html

With reference to post number 34, it would appear if lands office is correct in their interpretation, a lease is not required if one is legally married to a Thai and the Thai party dies.

But what occurs when one divorces and you have no lease? Can you obtain a lease from your ex wife after you divorce? One would doubt it.

But what if you had a lease from your wife and you divorce at a later date. What happends to your lease then?

But one will stand by my previous statement, perhaps one should have qualified it further, a lessor or a lessee can terminate a contract at any time but in that case either party would require notification in writing with a predetermined period ( eg 1 year ) and compensation may/shall be payable to either party. It would be written into the contract. One here is refering to contracts in general not a specific one or type.

The words "may" and "shall" these are direct translations from the Thai? And do they mean the same in Thai as they do in English?

May. expressing a possibility

Shall. emphatic intention, strong assertion,command or duty.

Source. Oxford English Dictionary (OED).

It would be interesting to see the results of a test case in a Thai Court. Interpretations made by Officials may not be correct if challenged in a Court.

It would set a precedent in Thai Law. Is there already a precendent in Thai Law? Does the Thai Legal System have precedents?

The legal rights of the lessor ( the owner) are very important as without his /her agreement no lease will be signed and lessor could well say " take it or leave it" and there is nothing you could do about it. The owner has the legal advantage at all times.

Whatt if you were to lease the land from a company? they may want you to pay rent on the lease or an upfront payment with a short term lease eg 5/10 years with an "option to renew" if both parties agree. If the owner does not agree there is not much you can do about it.

You can be sure that an owner will protect his /her own interests.

These caclulations are based on AS3000/2007. This may be of help to you Kevin.

Metering 1 x 10/45A.

Consumers mains 10sqmm min. copper to MSB.

Submains to existing store DSB from MSB. 10sqmm min.

Submain to proposed cottage DSB from MSB 10sqmm min.

Voltage drop based on 3% in the consumers mains and 3% in each sub main.

Consumers mains start at the point of termination of the service conductors.

You propose a pole/post to mount the Main Switch Board (MSB). the metering will be on the line side of the main switch. Each submain will be protected by a MCB 32A for the cottage and 32A for the store. Submains are proposed to be run in an aerial configuration.

Main earth and electrode will be located at the Main Switchboard.

A submain earth conductor and electrode at each DSB.

If you earth the neutral of the consumers mains, and each submain you will have an MEN installation. If you do not earth the neutrals your installation will be TT and ALL subcircuits must be protected by RCDs.

Each switchboard shall be fitted with a neutral link and earth bar.

Use Clipsal products if you can obtain them, you may have to use National for the socket outlets.

All socket outlets shall be 3 pin and earthed.

It would be recomended that all socket outlets are RCD protected.

You do not have to use conduit if the walls are hollow and a concealed ceiling space is available run TPS cables.

If you decide to run the submains underground you will run a separate earth conductors min 4 sqmm to each DSB. In this case you will not require the earth electrodes at the DSBs.

You cannot install RCDs on submains if the neutral is earthed. on the load side of the RCD. RCDs only on subcircuits.

It would depend on the interpretation of the clause as applied in a lease agreement. Interpretation, if there was a dispute or challenge, would be made by a Court.

Section 564 - A contract of hire is extinguished at the end of the agreed period of notice.

This could be interpreted as for example at the end of 30 years the hirer (lessee) would have to renegotiate a new lease with the lessor (owner).

Section 544 - Unless otherwise provided by the contract of hire, a hirer cannot sublet or transfer his rights in the whole or part of the property hired to a third person.

This could be interpreted as the hirer (lessee) can only transfer his rights to a third party if it is stipulated in the contract (lease).

The lessor (owner) is not mentioned in Section 544.

From Australia.

http://www.brisbanet...0913-157ao.html

Some points for further discussion.

What has it got to do with Thailand?

Did US domestic and foreign policy indirectly cause the incidents on 11th September 2001?

What is there to celebrate? But it makes Bin Laden franchises more popular. Why do people worship the dead?

It is the living and the maimed that need help not the dead. Praying will not help you, the attack was carried out by men, who were Saudis using US aircraft on US soil. To me a dead Christian is the same as a dead Jew or Muslim, they are dead. Get over it - Now!

And after 9 years the US has still not captured Bin Laden. Or is he dead and just will not lie down? Or do they not want to find him ?

What upset the US was the attack on the Pentagon and this was the serious attack on the Goverment of the US. It was this that justified the retaliation on Afganistan.

"Carry on up the Kyber" As as far as one is concerned they can take their "Koran" and shove it right up their Kyber Pass.

If they want to build a Mosque why not in the UN building ?

Look at it this way, put yourself in the position of owner, does giving a 30 year lease make sense? You would make sure that you maintained control of the land at all times, and especially if someone was to inherit that land, they might have other uses for it.

There are two parties to a lease, and the owner has the upper hand and he or she can set the terms for the lease, you can ask for inclusions and exclusions as required, and both parties have to agree to the terms before signing.

Has that inheritance clause ever been tested in a Court? Because one day it will be.

"It is not what is in a contract it is what is not in a contract" was meant in a general way and usually refers to performance of work such as in a building contract, what is supplied and what is not supplied or supplied by others.

Just a note, and as you are all aware fraud does occur in Thailand as in other countries.

This incident occured in Australia and was reported on the ABC-TV news on 11/9/2010.

http://www.perthnow....u-1225918470678

A lease is a contract and contracts can and are made and broken every day.

It is not what is in a contract it is what is not in a contract.

If there is a dispute in a contract it usually goes to court to be decided if it cannot be resolved amicably between the parties concerned. One may be able to sue the other for damages and compensation if a contact is broken.

That is why there are terms and conditions in a contract along with any exceptions that my apply.

Remember you are in Thailand not in your home country, all legal documents are in the Thai language/script and they are the only ones that can be submitted to a court.

So you should be very careful that a lease will still be honoured if the other party to the contract dies. What will happen if the lease is disputed in a court?

30 years is a long time, times change,people change. And you are a foreigner, not a Thai citizen.

You should do a risk assessment first with every possible eventuality that could occur, because you are the only one that is going to lose.

And people can change their Will at any time also, the benificiary may have other ideas on what he/she wants to do with his or her new found asset.

Caveat Emptor.

Remember, a lease is a legal contract and a contract can be terminated for many reasons one can be on the death of either party, failure to pay a lease payment before the due date, bankrupcy by the title owner etc.

Your lease may well be recorded on the title deed but what are the terms and conditions of the lease?

And a person who inherits that title is not bound to honor that lease agreement.

Usufruct is a lease but that generally applies to the use of land such as for the growing of crops and agricultural use. It was never intended to be used for residential land.

It could be interpreted as if one or both parties to the lease agreement die before the lease term expires.

It would appear that he is an Irish (Eire) citizen by birth ( as distinct from Anglo-Irish) and has Australian citizenship, travelling on an Australian passport.

He is obviously suffering from a mental health problem and unless he submits to assessment he will get no treatment unless he causes harm to himself or others in Australia.

It should be a warning to all visitors to foreign countries, do not get involved in politics.

This website may be of interest.

http://www.bia.co.th/011.html

In this the principals of Thai land law are discussed,and the rules regarding foreign ownership of land, buildings and condominiums in Thailand

A high THB/USD rate importers lose.

A low THB/USD rate exporters gain.

The THB should float against a basket of currencies, USD, Euro,Yen, Yuan, SGD, AUD etc.

And Thailand relies heavily on exports so a lower THB would be benificial.

A lease can be cancelled, bought or sold at any time. Whoever holds the title to the land will control it.

Suggest you get some very good legal advice before proceeding.

1 USD = 32THB. 1THB = $0.031250

1 USD = 31THB. 1THB = $0.032258

1 USD = 30THB. 1THB = $0.033333

1 USD = 25THB. 1THB = $0.040000

7.5% growth in GDP? In what sectors of the economy? What is the inflation rate?

3% should be the norm and inflation below 3%

From the DIAC website, full information here.

http://www.immi.gov....y/462/thailand/

The criteria is fairly comprehensive for a successful application.

The Australian Police & Judicial System probably only moved away from widespread corruption in the 90s (Wood Royal Commision 1995, Fitzgerald Inquiry 1989).

To think that the Thai system, in an environment with much greater class divide, less oversight, and a weak Fourth Estate (Media), is any less than 20 years behind doesn't pass the sanity test.

That said, gross miscarriages of justice continue today in Australia and US (small case about a black athlete, killing two people, dramatic car chase on live TV, not-guilty verdict).

There are some very well educated and well intentioned people in Thailand, who do love the country, and who work every day for the benefit of the country. I would hope that many of then are in the judiciary. Just a shame that politicians don't have to be smart and work hard to get their jobs (but ain't that the same the world over).

Cheers,

Daewoo

There are always elements of corruption in the police in Australia. They are exagerated by the media. It does not affect the normal man in the street.

But the legal system is not corrupt in Australia. Yes, there has been a few miscarriages of justice but a court (jury) can only make a judgement based on the evidence before it at the time, failure to produce evidence does not indicate corruption. We have an appeals process.juries can be dismissed and a retrial can be instigated in some cases.

We have numerous checks and balances in our system.

　

If anyone here really believes the Thai court system is any more corrupt than the US, Australian, UK, German etc court systems then you have a fundamental misunderstanding of reality in this area.

The court system corruption in Thailand is simply more open and accessible.

With a common law system as in the Uk, Australia, and New Zealand in criminal cases there is a jury, a prosecution and defense, strict laws on a person committing perjury. The judge takes no actual part in the case. Witnesses are cross examined. The media may be restricted in what they can report by the contempt of court laws. The system is adversarial.

This is not so where there is a civil codefied legal system ( no jury system) as in Thailand and eg, in Indonesia where negotiations can be carried out before the case comes to court between the parties involved.

In this case the system is inquisitorial. The judge takes a direct part in the proceedings.

Thus a judge could possibly be influenced.

The lawyer requested bail for the 11th time and the requirements for his bail met the criteria.

Naturally fees and charges are paid to the lawyers representing him. The Judge made his decision. There is no proof that any "facilitation fees" were paid to anyone.

He is now out on bail. If his passport was returned he could leave the country, he would lose his bail money.

If he stays in Thailand he will still have to face court. He has a way out.

The original post was refering to the perceived high costs and charges levied by the British embassy, not to matters that concern UK citizens within the UK.

On would find that charges reflect the real cost of supplying a service and would be comparable to other embassies such as the US, Australia, New Zealand and Canada.

If your CC account is with the same bank as your SAV account you should be able to transfer directly by using internet banking. You will not require the SMS code as the CC account has been automatically set up by your bank.

Go to "Transfer" from the menu once you have logged into your bank website.

For Thailand all latest information here.

http://ukinhongkong....ssport-renewals

Notice the difference in fees one for the UK and a much higher fee if applied for in a foreign country.

32 page 77.50 GBP in the UK.