John L.

I wrote to Sebastien H. Brousseau and here's his answer he sent in 2 minutes: "Thanks. I am blocked on Thaivisa but I do not care much. This is what I would do: You lend money to the girlfriend, so start with a proper loan contract and an acknowledgment of debt. If there is a problem later, you have evidence and you protect yourself under Thai law. Maximum interests are 15%, but let's say 0%. The house already exists, so you do not register a superficies. Instead, you include a clause in the usufruct documents. This clause confirms that the house belongs to you. The land belongs to her. She agrees that you keep full rights to use, rent, or sell the structure. This applies when the usufruct ends or if you separate. This avoids any confusion about ownership. So you have loan + usufruct + maybe MOU. Register a usufruct for life. Under sections 1417 to 1428 of the Civil and Commercial Code, a usufruct gives you possession, use, and benefit. You add wording that your girlfriend guarantees peaceful possession and cooperation. If she interferes, she pays damages. You also add the right to sublease without asking again. Foreigners often forget this part. With that clause, you rent the property to someone else and collect income. Fees at the Land Office are low. If you put the value at one million baht, you pay around fifteen thousand in tax. Renewals in Thailand are tricky and there is no renewal for usufruct. But let's say you go for the lease. The Supreme Court said automatic renewal clauses for long periods do not work. So you add a declaration under section 168. If your girlfriend dies before you, her heirs see she promised cooperation to keep your rights. You also make a side agreement where she agrees a future renewal in exchange for a real benefit. For example, she gets the house after the second renewal or after you leave Thailand permanently. Thai courts have accepted that kind of deal in some cases where there was real consideration. It shows fairness. Foreigners cannot own land. So, avoid any clause that suggests you can "buy the land later." This includes options to purchase that many law firms offer. Instead, build a profit-sharing exit stragtegy into the MOU. If you find a buyer for your rights or want to transfer your position, she gets a fair share. This share is usually around twenty to thirty percent. She has an interest to support you. You secure your position without breaking the rules. Everything goes in writing but you avoid showing to the land department. They will think the foreigner has too many rights. They will stamp the usufruct. You can also keep a private contract for the loan and living together, if you want. However, the registered usufruct is what protects your daily use. This setup keeps the land in her name. It makes the house yours by agreement. You can use it for your lifetime. You can also rent it out. It protects you if something goes wrong. It respects Thai law and keeps the relationship fair. If you want, I help structure that all the time for expats here. It is standard in Thailand when you love someone and still protect yourself a bit. We can do that for 40,000 baht for all contracts. However, they are custom made. Some land departments are very difficult. For example, Prachinburi does not allow usufruct now. Hang Dong in Chiang Mai limits usufruct and lease. It is best to avoid nominees, etc. "

Your questions are common. Leasing land in Thailand works like this: You lease the land. You do not own the land. A lease gives you possession and use for the period you register, maximum 30 years under Thai law. The Land Code and Civil and Commercial Code set that limit. Renewals are possible in practice, but not guaranteed. A promise to renew is only contractual. It does not bind the land office. Especially since the last Supreme Court decision. (Available on ThaiLaw Online). About the house. By default, a house follows the land. If you build a house on land you do not own, the house becomes part of the land unless you create a legal separation. Thailand allows separation of ownership through a superficies (สิทธิเหนือพื้นดิน). That gives you ownership of the structure separate from the land. With a superficies, you own the house, and the landowner owns the land. You can remove the structure at the end, or sell it, if the contract allows. Without a superficies or a clear agreement to separate the house from the land, you do not own the house long-term. So yes, your instinct is correct. Without proper structure, after 30 years you hold nothing. Simple lease equals temporary use. Some developers market this as ownership. It is not ownership in law. A house can be separated from land by contract, also by building permit. But many people don't do that. Value after 15 years. The market looks at the remaining term. Most buyers pay based on time left, quality of the property, and the chance of a renewal. A lease that started at 30 years and now has 15 left will have lower value. Hard to predict exact numbers. Many buyers discount steeply once a lease falls below 20 years. Renewals help but never guaranteed. Renewal payments. If a new lease is granted, the landowner receives the new lease payment. You only receive money if you sell your leasehold rights and your house rights (if separated). Without separation, you hold a right to occupy, not to own. After 29.9 years. You talk with the landowner. If the owner refuses a new term, your right ends. If you have a superficies, your house remains yours, and you have a right to remove it at the end. Removal of a townhouse in a row is not practical, which shows the problem. Without superficies, the house belongs to the landowner at the end. You can actually register a new lease 3 years before it ends according again to Sebastien from ThaiLaw Online who has the most knowledge and experience I know with real estate in Thailand. A lease is not ownership. Sap Ing Sith is different but limited to 30 years. And more expensive. Treat it like paying rent upfront for 30 years. If you want protection, structure it properly: 30-year lease registered at the land office Superficies for the building In some cases, a usufruct or mortgage on the land for extra protection We see many foreigners who did not structure things correctly and faced problems later. Do it correctly at the start, and do it with someone who deals with property in Thailand daily. You protect yourself, your partner, and your investment. For more information, read our guide under “usufruct agreement in Thailand” or “property lawyer in Bangkok” on ThaiLaw Online. Read also about "Reciprocal agreements". Nobody writes about that here. Very interesting.

You can buy packs and you just add white wine. I like it with bread, potatoes, ham.

Make a donation to them BEFORE you die. Maybe add a usufruct agreement to you. That will save trouble when you pass. That's what I did with ThaiLaw Online. Safe, easy. DIdn't cost most.

https://www.prachachat.net/politics/news-1879866

Anyone knows if you can easily change a tourist visa to non-b with or without exiting the country? Before, it used to be 21 days. I heard now is 30 days before the end. Do you have to pay tea money?

A proper lease should include a clause preventing the property from being mortgaged for the duration of the contract. The Land Department does not include such wording in its standard form, and I am not sure whether ChatGPT can draft it effectively. You should also insert a clause confirming that the title deed remains in your possession. Strictly speaking, this is not a lease agreement itself, but rather an addendum to the Land Department’s lease. When you pay between 2 and 5 million baht for a 30-year lease, hire a lawyer. Don't just use a template. Would you purchase a property in your own country for that sum without proper legal advice?

Interesting. First time I hear about a letter and feel it is a good "warning". I did read on ThaiLaw Online about nominees and what they are doing. Can't post the link but just Google "Nominees Thailand ThaiLaw Online". One article on what it is and one on the crackdown.

ChatGTP won't give you clauses like the owner can't mortgage, or you can sublease, or explain taxes because there are taxes to pay on a lease 1.1%. If you want to stay long time and protect yourself, pay 10K for a good lease, especially if you build, then superficies are better and pay lawyers with experience. NOT TEMPLATE LAWYERS.

You have not been doing your TM30 for 12 years. They enforced TM30 in 2018 only. There is an article about that. Google "History of TM30 between 2018-2020".

1 million bottle temple + aquarium + visit Ubon.

Sawadee Translation in Bangkok. Great service.

Need to travel soon. Is that so easy? No problem?

Can do. I did it many years ago with Sebastien H. Brousseau.

Do not download templates that are 10 years old from a foreign lawyer that doesn't live in Thailand. I am talking about Samuiforsale or Thaicontracts. He knows nothing. Get a proper lease, think about doing superficies if you can, ask a real law firm with real lawyers like ThaiLaw Online. THey also do reciprocal agreements, sap ing sith, great texts. Why would you use a template on property that worths MILLIONS. Insane. Ask ChatGTP if you want free. You need DUE DILIGENCE and proper advice.