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blackcab

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Posts posted by blackcab

  1. 1 hour ago, khunPer said:

    You could have your lawyer to make due diligence at the land office before the transfer, to check if the usufruct servitude has been cancelled/removed from the title deed.

     

    Only when the usufruct is void you should pay the deposit.

     

    The usufruct will be removed at the same time the land is sold, as a consecutive transaction. This is the same as when you buy mortgaged property and the mortgage is cancelled prior to sale.

     

    When you receive the title deed the first entry dated on the day of sale will be that the usufruct is cancelled. The second entry will be the sale from the previous owner to the new owner.

     

    It's highly unlikely that the usufruct will be cancelled a day or more prior to the sale, so there will be no way of checking other than on the day of sale.

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  2. 3 hours ago, stapoz said:

     

    It is easy if legal status is simple (one thai owner and that's it). The home we are interested in has thai owner and usufruct for farang (boyfriend or husband). How to be sure the usufruct is cleared and the farang will not have any rights after the purchase? One lawyer said the usufruct must be cleared by court. Another one said that can be done by land office.
    What's more the owner is not in thailand and a friend of the owner has authorisation to sell the house. So the transaction would proceed without the owner. I think the owner and the farang split up and they want to sell the house...

     

    I understand your concern, but in reality none of that really matters. The Land office will not transfer the property until it is completely satisfied that all encumbrances have been removed and that the seller has proved their bona fides. MN

     

    It is for the seller to get the transaction to the point where the Land Office indicates it is time for you to make payment. Land Offices are very thorough about this route of thing, however it shouldn't stop you doing your due diligence.

     

    For example, you should be able to have a Skype/Facetime/Line video chat with the owner and the usufructee to establish the situation.

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