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khunPer

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Everything posted by khunPer

  1. I can't recall to have hear about wildfires in Chiang Mai city.
  2. Can you really change extension of stay to be based on marriage with the so-called "retirement visa"..?
  3. A cremation without any funeral ceremony would be cheapest choice. The cost might vary depending of area, temple and crematorium. Where I live the cremation cost in a modern crematorium (diesel burners) was 6,000 baht almost 8 years ago. I don't know the actual price, but it would probably be little higher now.
  4. Yes, I'll freeze when below 18 centigrade at night...????
  5. I would freeze (mbo) up there, it's unbelievable cold during the winter...???? Samui's all their summer – never too hot and never too cold – and barefoot Xmas is much better for my life-style...
  6. Rain season is different on Samui and her sister island due to the north eastern monsoon instead of south western that hits most of Thailand. Little less downpour than Phuket, half the downpour of Koh Chang and the mainland over there. If you wish to stay a dry place, it's Pattaya or Hua Hin, but it has been flooded when I've been there; of course I've been choosing the wrong times of the year...☔
  7. Yes, agree; that was also one of my earlier points, when the idea of a bridge came up...
  8. As mentioned above, a last will is very important, as a girlfriend is not an heir without a will. You can also appoint your girlfriend as executor in the will. Even a simple document signed by two witnesses can serve as a valid last will; you can even sign it at the local amphor office and have it kept on file there. (Source: "Thai Law for Foreigners", page 77-80.)
  9. Next time, record when she shouts that your are a "pervert" and "pedophile", and sue her for defamation.
  10. Your UK last will, will be valid also in Thailand; however, make sure that it's known about the existence of the will. It's a court in the country of your primary residence that will handle your will. If your primary residence is in Thailand, then a will in a foreign language needs to be translated to Thai language. The Thai lawyers that wrote the book "Thai Law for Foreigners" advice to make two last wills, one that covers any estate in one's home country following that country's laws; and another that covers values in Thailand following Thai law.
  11. Normally a later last will revokes any earlier will; it also used to a part of the opening text... 1. Declaration I hereby declare that this is my last will and testament and that I hereby revoke, cancel and annul all wills and codicils previously made by me either jointly or severally. I declare that I am of legal age to make this will and of sound mind and that this last will and testament expresses my wishes without undue influence or duress. Another example: LAST WILL AND TESTAMENT OF John Smith I, John Smith, an adult residing at 5 Cherry Lane, New York, New York, being of sound mind, declare this to be my Last Will and Testament. I revoke all wills and codicils previously made by me.
  12. Your conditions are not standard conditions by the law, but special agreements between you and your son. The two clauses – "Land and buildings cannot be sold without my written permission", and "Usufruct can only be cancelled by me" – are not included in the normal contract text; they however might be wise additions, if legal. The standard conditions in a usufruct agreement are these: The Covenantor agrees to grant the Covenantee the usufruct of the Property, with possession, use and enjoyment of the said Property, as well as the right of management of the Property. Such usufruct rights shall remain enforce for a period of.............years. In case of death of the Covenantee prior to expiration of the rights of usufruct granted herein, this contract shall be deemed extinguished, and shall not be transferable by way of inheritance. In using the usufruct, the Covenantee shall take as much care of the Property as a person of ordinary prudence would take of his own property. The Covenantee shall not transfer the usufruct to any other persons or unrelated outsiders, except with the Covenantor’s prior written consent. The Covenantee shall not use the Property for any unlawful purposes. The Covenantee shall keep the substance of the Property unaltered; and shall undertake ordinary maintenance and petty repairs. The Covenantee shall bear all expenses for the management of the Property; pay taxes and duties; and be responsible for all interest payments on debts charged upon it. The Covenantee shall insure the Property against loss for the benefit of the Covenantor throughout the period of this contract; the insurance premium of which shall be borne by the Covenantee. In case of breach of contract by one party, the other party has the right to terminate the contract. Source link HERE. A law firm's note about usufruct says: Right of Usufruct is governed by the chapter 'Property" in the Civil and Commercial Code (not the chapter 'Contracts') and as a property right it offers specific rights and obligations. An option to buy or restriction of sale of the property is under Thai law not part of the right of usufruct. Such options are in Thailand outside the scope or area of usufruct and can only be made as a separate agreement between the owner and usufructuary. Even if it would be written in the usufruct contract it would under current Thai law still remain a separate contract right and not part of the right of usufruct (it does not follow the property as a real right when for example ownership is transferred). And when foreigners are involved enforceability of such (contract) options would in court probably be considered void or voidable. Source link and usufruct-law HERE.
  13. If the building permit is in your name, you are the owner of the house, even that you don't own the land under it. It got nothing to do with the usufruct. Concerning selling land with registered usufruct, please read the linked law; land can be sold, but a registered usufruct will still be valid.
  14. You can read Thai letters..? To my knowledge all entries in house books are made in Thai.
  15. When repainting, it's important that all loose paint is removed and the walls are flushed. Always use a good primer and make sure it covers well. I normally make two layer of primer with one day between. For color coat use a high quality paint, otherwise you might need to redo the job too often. A semi gloss is best for outdoor, the glossy look will quickly disappear. I've use TOA products to paint my house. For outdoor two layer of Quick Primer – you can use same primer for re-painting – and three layers of SuperShield. TOA is today recommending SuperShield Acrylic Akali Resisting Primer for new concrete. My outdoor painting has so far lasted for 13 years.
  16. He might have "permanent residency", vthe he is registered in a Blue House Book...????
  17. Chaweng Beach is mainly for younger folks and party-people, if you considers to live at that place; however great for elder and non-partyers for shopping, dining and cinema visits. However, Chaweng Noi and the hills are for all ages. Samui is for for all groups of retirees, depending of you personal life style – you might choose an area fit for you, plenty of possibilities – and what you can afford. A few things costs more on Samui than many other retirement options. Fuel is a few baht more per liter, as it's an island and fuel need to be transported by trucks on a ferry. Same for building materials, so construction prices are slightly higer, which means that general home costs – including rental – is little higher. But you can still find accommodation from about 10,000-15,000 baht per month depending of what you need. Another point for home- og rental costs is location; beachfront and sea view can cost quite a relative lot. Air fares too Samui are relative high, but if you can get registered in a House Book – or have a work permit – you can obtain a "Resident Card" and lower air fares with Bangkok Airways, at present around 2,700 baht all inclusive for a ticket between BKK and USM with a Resident Card. Daily needs are about same price as everywhere due to competition between between supermarket chains. You might need to take local transportation into consideration, also as the traffic can be quite chaotic for riding you own motorbike. In daytime – 6am to 6pm – you can use song thaews from about 20 baht to around 120 baht depending on distance. Otherwise there are taxis, but they are relative expensive and the drivers prefer to use fixed prices rather than the meter. A (very) short ride is 200 baht and a medium ride of circa 10 kilometers is 500-600 baht. Having your own car can be an excellent option, if you need to get around, and also for shopping. There are, as mentioned above, plenty of areas to chose for living, depending of what your are looking for and life style. In some areas most or almost all shopping can be within walking distance, in other areas transportation is a must. I've been living here as a retiree for 18 years now, and so far I don't regret my choice. Before I decided to settle on Samui, I checked a number of other possibilities in Thailand; so, get around a see places for yourself, before you make a decision...????
  18. Yes, you always need permission of one or other kind to build something on others land. A superficies agreement is such instrument, see more HERE. It can be another person than the land owner that is "House Master" and can accept names to be registered in the House Book(s).
  19. Chanote, is a nickname for Nor See 4 Jor title deed, the only real freehold title deed. You can find explanation for all the land title deeds HERE. "CHANOTE: from the land title documents issued by the Thailand Land Department only the Nor. Sor. 4 Jor or Chanote is a true land ownership title deed." "Nor Sor Si (4) Jor (Chanote) The N.S.4.J or Chanote is a certificate of true ownership for land and the only true ownership land title deed. Land held under Chanotes are accurately surveyed and GPS plotted in relation to a national survey grid and marked by unique numbered marker posts set in the ground. Chanote titles are found in the more developed areas of Thailand. Legal acts (sale) do not have to be published. There are no general restrictions on the use and the land can be sub-divided." Usufruct: Not really... "Section 1424. The usufructuary is bound to keep the substance of the property unaltered, and is responsible for ordinary maintenance and pretty repairs." You can read the Usufruct law HERE. Blue House Book and Yellow House Book for Aliens are address registration, nothing more.
  20. Every house will have a Blue Book, but foreigners – and so everybody shall be happy: apart from people with "permanent residency" – cannot be registered in it. I own my house and I have a blue book, and I'm even "House Master", so only I can accept persons to be registered in "my" Blue Book. However, I cannot myself be registered in "my" Blue Book, as I'm an alien without "permanent residency", so my name is in a Yellow House Book for aliens; i.e., I have two house books.
  21. It can even happen after a non-O extension based on retirement is issued – I talk from experience...
  22. After you got your extension of stay-stamp, you can to my knowledge withdraw the money; they need to be there from 2 month before application and during the application process, if you get an "under consideration"-stamp.
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