khunPer

16th November

Samui +5 new cases
Phangan +16 new cases
Koh Tao, no data

Today Panyadee School in Chaweng Noi has closed due to Covid, a Year 3 child has tested positive at hospital this morning.

14th November (it was wrong date in the post above, but I cannot edit it; that what happens when re-using stuff in a hurry, sorry for that)

Samui +4 new cases
Phangan +48 new cases
Koh Tao, no data

15th November

Samui +10 new cases
Phangan +10 new cases
Koh Tao, no data

4 hours ago, webfact said:

If foreigners have been vaccinated six months ago they will have to take a 100 baht swab test and wait.

 

An ambulance is on hand to take them away if they turn out to be positive. 

Safety precautions like that will surely get hordes of foreigners visiting Khaosan Road...????

13th November

Samui +4 new cases
Phangan +48 new cases
Koh Tao, no data

Yes, contact khun Art on phone 087 476 6175.

Khun Art is architect (Bo Phut), speaks good English and has workers for (very) reasonable fees, you agree work and price directly with the worker. They have done excellent repair work for me...????

3 hours ago, paddypower said:

I read the sample Servitude Agreement, at the website you referred to (it is very short) . To clarify what i understand, I will need a lease between us and the company to lease the land and a Servitude Agreement as well, which will get registered on the Chanoet title. Is that correct? tia.

The best thing is to get a lawyer - i.e. your lawyer - to write a lease agreement in both Thai (legal binding language) and English that fit your demands. The lease shall be registered at the land office on the back of the original Chanute title deed; there are two originals, one held in file by the office, and another held by the land owner.

If the land is unbuilt, and you need to build a structure on it, or change excisting building(s), the land owner need to give permission for building structure, or changing, already excisting structures, which you shall get included in the lease agreement. You might furthermore wish to have a superficies servitude declared - read more HERE - so you can apply for a building permission, if you wish to build a house. You can legally be owner of the house, even when it sits on leased land, which might be a benefit, also as you will get a blue house book and can register the house as home and thereby avoid property tax on the building; or lower it, as it will be free from property tax for the first 10 million baht appraised value if used as primary home, under the present tax-rules. The burden of land tax might also be yours.

You can make the lease agreement so it can be transferred within the 30 year maximum period, which will give you the opportunity to sell the house together with the remaining lease periode; i.e. you might not get your money back, but you might get a sum back relative to the remaining number of years the house can be used before the lease expires; something might happen so you wish to move away before the lease expires, or before death.

For legally owning a house, but not the land under the house, you need...

• Permission from land owner to build the house, i.e. superficies or like document
• Architect drawing with your name as owner
• Building permission issued in your name
• All building construction contracts issued in your name, and signed by you
• All payment transfers for construction from your bank account, or if paid cash with a receipt carrying your name as payer

You'll get no further documentation for ownership - apart from the blue house book that can name you as "house-master", which is not a proof of ownership, but the house-master is the only person that can accept Thai nationals to be registered in the blue house book as living in the house, while foreigners shall have a yellow house book to be registered as living on an address - but if/when the house might be "sold" it can be registered separate from the land.

????

3 hours ago, paddypower said:

thanks again. you might be interested to know that we bought an apartment under a 30+30 in 2003. Lost the title entirely, in Court where it was deemed to be a sale, without being registered as such. Although the lease was registered against the project building, in Phuket, the Lease declared invalid.  When we arrived in 1996, that was a very common type of lease and was allowed to be registered. I wonder what will happen, for anyone else unfortunate to end up in a legal dispute with the land owning company.

Thanks, but sorry to hear that. I've also read that 30+30-years agreements would be void, but the text in the English translation of the law just mentions "reduced to 30 years"...

Quote

Section 540. The duration of a hire of immovable property cannot exceed thirty years. If it is made for a longer period, such period shall be reduced to thirty years. The aforesaid period may be renewed, but it must not exceed thirty years from the time of renewal.

In principle you can make a 30-years lease, and an agreement with lessor about lease details for another period, like the popular 3+3 years rental agreements, but that does not mean that you have an agreement for the next 30 years. When the first period terminates, the lease has terminated, and if it cannot be renewed - the property might be sold or just transferred - you have no legal rights to continue a lease. You can of course try to sue lessor in a civil case for in-breaching an agreement.

6 hours ago, simon43 said:

Yes, Thailand was on my list.  But it lost points on my country comparison spreadsheet due to no pension agreement with the UK, costly visa and 90-day reports etc.  I compared about 10 different possible destinations against about 30 different factors (safety, cost of living, beaches etc etc), then totalled up the marks for each country to find the 'winner'. (A very scientific way of making a decision...)

Thanks for your reply, and you decision is..?

In my view the costs of living is still reasonable in Thailand - apart from that you Brits seem to have a problem with index on government retirement pension - and I think 90-day reports will find a solution soon; until then, when the website is working it's easy...????

Choeng Mon road...

Facebook video from Samui News Update HERE.

Concerning land slide between Chaweng  and Lamai

From Mgr Online today (13th November)...

Google-translate from article...

Revealing the incident of a Koh Samui bungalow collapsed, the water flow changed direction after digging a road to lay a sewer together as a disaster area 

Surat Thani -  Deputy Governor of Surat Thani visited the area to inspect a collapsed bungalow on Koh Samui. Revealed due to the large amount of rain that fell causing the water to change direction of flow, eroding until collapse At the same time, it is a landslide disaster area. The hotel manager believes that it was caused by digging a road and laying a sewer. causing the water to change direction flowing through many bungalows from the case of heavy rain accumulated for several days The bungalows Merrit Resort, which is located along Thaweewarat Phakdi Road. or the road around Koh Samui Before reaching the Big Rock viewpoint, Moo 4, Maret Subdistrict, 8 collapsed houses in the morning (13 November), the latest at 12.30 the same day, Mr. Suthipong Klai-udom, Deputy Governor of the province. Surat Thani Has visited the area to inspect the bungalow, with Ms. Lalita Lodprajan, general manager of Merritt Resorts, walking to see the scene. ready to reveal There are 48 bungalows in total and are not yet open for service and are undergoing renovations to prepare for opening before the new year.

Source in Thai language HERE.

Photos from Samui News Update...

Facebook-source + video HERE.

13th November

Samui +9 new cases
Phangan +57 new cases
Koh Tao, no data

2 hours ago, KhunBENQ said:

As in other regions of the country. Here it's over. Brilliant weather.

But for you it starts in THE(?) month for Samui.

Samui and her sisters have their monsoon season - and downpour - from around October to mid January, normally with maximum between early November of until about New Year...????

5 minutes ago, dunroaming said:

The world has changed from my gap year days.  Next year my son becomes eligible for his gap year adventure and is looking (with a couple of friends) at places to go.  I assumed Thailand would be high on the list given his heritage but no, apparently all of his friends are of the same view. I mentioned the usual Full Moon Parties and Khao San Road but just got laughed at.  I was told that those were for middle aged losers trying to re-live their youth and that they would be too likely to bump into their friends parents.  Certainly put me in my place!

 

He favours South America or possibly Africa, well away from the usual gap year travelers.  There is no Kudos in going to the old haunts like Thailand and India.

Yes both time and progress change things. When you were doing your gap years adventure, Thailand and Asia were probably different destinations from what you parent were dreaming about. I believe the Orient - including India - were pretty much something that became trendy with the hippies, and partying were first in Goa, and later on Phangan with it's Full Moon Party. The latter grew up from hippies sailing over from Samui in long tail boats to the uninhabited Haad Rin's Sunrise Beach to see the full Moon rise over the horizon while making bonfire and playing guitars; probably mainly because the police in Lamai begin to get too interested in their mushroom shakes...????

2 hours ago, paddypower said:

wow! that's a zinger, a great find. I don't know what my buddy did. I did offer to check it out - but nah. You know, some people will jump into a swimming pool full of sharks and assume that they can swim faster. My situation is straightforward: we are an ex pat couple, who want to register a lease against the chanoet, which is held  by a 100% Thai owned company. I maintain pre-signed share transfer forms and up to date ID cards. I will structure it so that the lease expires after we both die. If an expat wants to buy it, he/she will buy the company and our estate will avoid the majority of capital gains taxes.  If a Thai national wants to buy, they will want the land, not the company. In that event, the company will bite the bullet on corporate taxes (which are incredibly low here, by comparison with other countries). This is all a bit off the cuff thinking. I will spend more time doing my due diligence, once I have a sample lease to work with. Also, we are blessed  with having a superb company/personal tax accountant.

Just you get the lease agreement registered as a servitude on the title deed, you are safe. A small tax will be claimed at the land office for the full term of the leasing periods total sum, which however can add up to a relative amount when being pre-paid. No lease can run longer than 30 years, if anything longer have been agreed, it will only legally run 30 years from the initial date. There are no such thing as 30+30 years agreements.

An English translation of Thailand's Lease Law (tenancy) can be found HERE...????

3 hours ago, thaibeachlovers said:

KSR had morphed into a Thai trendy place that was too expensive for most real bagpackers. The area around KSR was the bagpacker ghetto, no longer the road itself.

Happened many years ago when I couldn't find a cheap hotel on the road itself, and ended up staying in some place down a little lane.

Yes, probably too much trendy progress during the later years for typically backpackers, but not trendy enough for quality tourists, and those travellers in between rather prefers something different, there are multiple other great options available...????

On 11/12/2021 at 4:43 AM, simon43 said:

I started to look around for another country to move to.

About a month ago it seemed like you were moving back to Thailand to settle on an island, so you seems to have changed plans...????

I dont expect much change from how climate has always slightly changed in periodes during centuries and millenniums. We are heading towards a little warmer period after a colder dip some hundred years ago, just like the climate was heading toward a little warmer period in Medieval ages, and before that in the Roman era.

Don't forget that Greenland was called "green land" for a reason, the Vikings that settled up there could grow crops.

One major problem is that many more people have settled in low level areas during the past few hundred years - the coastal populations have for example increased many-fold compared with the overall population increase - and that might of course create flooding of living-hood and homes for relative more people than in earlier times.

They can't explain the Covid-prevention's logic either in my otherwise normally considered fairly developed Scandinavian home country, so how would one expect the similar regulations to be logic here...

On 11/12/2021 at 8:49 AM, jimflan said:

Can anyone please outline the steps and typical timelines in the process taking it from having an offer accepted through to completion and takeover (assume target is a limited company with mix of Thai and foreign directors and shareholders). 

If your are talking about taking over an existing Thai company limited normally takes a few days and less than a week for needed registration, i.e. change of names of directors and shareholders, if paperwork and meeting report(s) are in order by accountant and/or lawyer.

Registration of a new company limited takes about a week, provided all homework has been done.

3 hours ago, paddypower said:

Hi, you seem to be familiar with legal paperwork. An ex-friend used an on-line Thai law firm which offers generic Thai/English land leases, to secure himself in the situation where he bought land in the wife's name. Have you ever heard of such a law firm. tia.

I've seen numerous forms for download - after paying a fee - they seems to work well. However, be aware that your firend might not secure himself at all when entering an agreement with his wife...

Section 1469 Civil and Commercial Code: 'Any agreement concluded between husband and wife during marriage may be avoided by either of them at any time during marriage or within one year from the day of dissolution of marriage; provided that the right of third persons acting in good faith is not affected thereby'.

Source and read more about options for protection of foreigner's investment in property HERE.

A solution might be to make the lease agreement - or usufruct servitude - with the previous owner, and have it declared as servitude on the title deed at the land office, before the land is transferred into a Thai spouse's name...????

12th November

Samui +15 new cases
Phangan +64 new cases
Koh Tao, no data

I lived in only a few countries apart from my native Denmark, the few are Tunisia, Sweden and finally Thailand for the latest 16 years...????

On 11/11/2021 at 7:06 AM, Gottfrid said:

It depends on if she owns it as an individual or through a registered company. If individual she will only pay tax on possible profit of sale with what I believe is 15%. That is after the purchase price and all other possible things to deduct is taken away.

Profit from sale of real estate is to both my knowledge - and also according to the tax-calculation - income tax, depending of ownership and registered in a blue book, with a deduction in the sales price/appraised value (whatever is highest) based on the number of years owned, and the income tax rate spread over the number of years owned.