donx

Wrong

Registered for the lifetime of a foreign owned company?

You say "a maximum of 30 years (renewable) or for the lifetime of the owner/grantor". Is this an either/or situation? In other words, does it have to be specified which one of these it is or are both of these in effect at the same time? For example, say the Thai owner dies 1 year after the registration of the superficies. Does that mean it is no longer valid? I would assume not. And if the owner is a Thai company, does this mean the superficies is limited to a maximum of 30 years even if the Thai company exists and owns the land for more than 30 years? I would assume that is the case. In fact, I'm guessing that the superficies can only remain in effect for at most 30 years with the possibility of a renewal after that in this case. Based upon what I posted, it seems to me that the lifetime of the foreign company doesn't come into play in determining the maximum time of a superficies. Please correct me if I misunderstand.

My wife's Thai ID states that she is single and her name appears as her maiden name. Therefore, I have never been asked to be involved in any way (other than providing the funds) for all the properties she has purchased throughout our 26 year marriage. Since the OP is not married, I think the same would apply in his situation.

My understanding is that the sale must occur at the local land office. However, the seller can establish someone else with the Power of Attorney that is assigned to act on the seller's behalf. That person must be present at the land office during the sales process to hand over the chanote and receive the funds from the buyer.

And not everyone on these forums live in Thailand year round.

Charles Schwab bank accounts do the same refunding of all ATM fees and there is no minimum balance. At least this was the case not long ago. Before my mother-in-law passed away in February 2023, my brother-in-law used one of our debit cards to get 10,000 baht each month to support my wife's mother. The ATM fees would be refunded at the end of each month.

I'd love a direct flight from DC to Bangkok, but only if it takes no more than 14 hours. My wife doesn't like extremely long flights, but she also hates multiple stops, so I always have to find the best/cheapest one-stop flights without too much of a layover. We will be travelling on Qatar Airways (our first time) at the end of July with a stop in Doha for 3 hours. Total travel time including the layover is 23 hours.

The land and layout of the house plan look nice. I'll keep you in mind when we start seriously making plans to live in Krabi.

My theory is that there is more to the story than you are being presented with. At least this is my assumption. Here is one theory: the equity in the property to be sold is not enough to cover the purchase of the property the wife and cousin want to purchase. Find out how much the mortgage is, how much they expect to sell the property for, and how much the property they want to purchase is going to cost. Another possibility is that the mortgage isn't really a mortgage but is in fact a debt owed to a someone they borrowed money from. You can call this someone a loan shark, but it is very common in Thailand for neighbors to loan money to a property owner and to hold onto the land title deed until the loan is paid off. I know this because my sister-in-law does this often and sometimes she ends up with the property when the owner is unable to pay off the loan. If this is the case, then your wife may feel that she needs to pay off the loan before she can sell the property. Find out who the mortgage is with - is it a bank or an individual?

I realize you plan on building these houses one at a time so the price you expect to set for each house is likely to increase over time. Nevertheless, roughly how much do you expect to sell the houses for? According to your initial post, it appears that each house will have close to 1 rai of land. Who do you expect your customers to be? I ask because my wife (Thai) and I plan on living in Krabi when I retire in the next 5 years and she wants to build a house with mountain views. Most of the villas I've seen for sale are built on relatively small plots of land. Your venture appears not to follow that approach which is refreshing.

Although I don't live there since we live in the US, my wife owns a townhouse in Ao Nang that is in a relatively quiet area not far from Noppharat Thara beach which is part of a national park. We rent it out on Airbnb and guests comment about it not being too close, but not too far from Ao Nang beach with plenty of local food options available. Remember that Ao Nang includes a larger area than just Ao Nang beach. There are many less touristy areas within what is called Ao Nang, Krabi. My wife and I plan on buying a piece of land near the mountains in Krabi and building a house there for us to live when we retire.

I think you can have documents such as this signed and notarized at a Thai consulate for a fee. My wife is having three documents signed that her lawyer emailed her to sign for a fee of $15 per signature page at the Thai consulate in Washington DC. The consulate will stamp the documents. I don't know how my wife intends to submit the signed and stamped documents yet.

If the owner doesn't renew the lease, then the owner can take possession of the house you built unless you are able to remove the house from the owner's land.

My wife did the same type of agreement years ago on a piece of land. Since she wasn't going to be in Thailand for a few months, her sister acted on her behalf setting up a purchase agreement with a deposit stating that my wife had until the end of July to complete the purchase. A small deposit of something like 5% or 10% of the price for the land was included with the purchase agreement. It turned out that the owners actually hoped the sale would not go through because they either had a better offer or felt they could get a better price by the time my wife purchased the land. I don't think my sister-in-law used a lawyer to create or review the purchase agreement. Perhaps the sellers were the ones that drafted the agreement.