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Liberator

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Posts posted by Liberator

  1. Details regarding the disposal of the house on completion of the lease period should be recorded on the land lease, and usually requires the landowner to purchase the house from the tennant at full market value.

    The registered proprietor would have to be a bit dim to sign something like that. That condition heavily favours the tenant

    Really? Something that heavily favours us poor farangs? Can't be true :o

    I think you missed the point here, or probably I didn't explain it very well. The usual situation is that the land is registered in the name of the wife or girlfriend of the houseowner, and guess whose money was used to buy the land :D . Part of the agreed 'deal' on parting with the money is that a lease is registered at the same time that the land title is transfered.

  2. :D

    Hi all

    I am getting married in Thailand to a Thai citizen and was wondering about info of having my name include on the House we purchased in Min Buri. I know I can not own the land. The City Hall said I needed a Thai I.d Card to do this or could not have my name on the deed. Is this correct :o Any thoughts on this would be helpful.

    Thanks all

    Getting back to the original question of this thread I think it is worth clarifying the situation as I understand (and use) it. This information relates to building a new house and assumes that the foreigner has a registered lease on the land. I'm not certain of the procedures for transfering an existing house.

    Firstly, there is mention of Tabien Banns, residency and many things. The tabien bann for a house is a record or the people who reside (or are registered as residing) in the house. Nothing more, nothing less. It does not prove ownership.

    The Channot or other land title papers records the owner of the land, and as a foreigner you can't own land (other than in exceptional circumstances), so you can't have your name on it. The Channot will also record any liens there may be (or have been) on the land, including any leases. A foreigner can have a lease on the land and this WILL be recorded at the land office (provided it was registered as it should be if it is for more than 3 years).

    As regards the house that is built on the land, the licence to build the house will record the owner of the house and this can be in the name of a foreigner. It requires a separate form signed by the registered landowner 'authorising' the building of the house even though the registered lease should confer that right to the tennant anyway. On completion of the house, these documents are registered at the Amphur Office, not the land office. This is when the Tabien Bann is issued (I have a number of 'blank' tabien banns, because no Thai Citizen is registered in these homes). The house is then the legal property of the foreigner. If the house is of single floor design and less than 100 square meters living area, it doesn't need a building licence, but you should obtain one anyway and record the foreign owner.

    Details regarding the disposal of the house on completion of the lease period should be recorded on the land lease, and usually requires the landowner to purchase the house from the tennant at full market value.

  3. Assume you are not Thai so the papers will only be signed over to your wife.  You can not own property.

    8500 should be enough to build a nice home but have no detailed knowledge of the area.  Our maid said she could build a nice bungalow for about 300,000 baht in that part of the country a couple of years ago.

    Forgive me for picking you up on syntax, but you CAN own property in Thailand. You can own a house, farm anything you like. But you CANNOT own land. So if you have a valid lease on some land, you can build and own a home no problems. This is the safest and easiest thing for a non-Thai to do if they want to own property, but you must seek and take proper professional advice regarding the lease.

  4. You can have a 30 year lease for the land (and 2 more already signed to give you a total of 90 years). You can also register the HOUSE in your name. Foreigners cannot own land, but they CAN OWN A HOUSE. You must register the house shortly before it is completed - not when you get the plans approved (only needed if house is bigger than 100 sq meters and has 2 floors or something like that) You can also include a clause in the land lease that means your girlfriend has to buy the house from you if she wants to sell the land, and that she can only sell it with your agreement.

    That's about as much protection you can get, but it's pretty secure.

    Chock dee

    Liberator

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