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.

Yes, posted on ThaiLaw Online dot COM. The amphur/khet are making appointments in Bangkok. The MFA is longer now. Google "Marriage in Thailand' and find ThaiLaw Online as I can't post the link here. Sebastien knows his stuff and published 1 or 2 weeks ago. I am on another group where he is admin on Facebook.

Do not trust samuiforsale. Not a Thai lawyer, no registered Thai lawyer. Just someone abroad selling templates: https://www.blogger.com/blog/post/edit/preview/8416744085694822494/3070235396914896578

Can be done remotely with power of attorney, depending on the type of title deed, normally called TD21. Available for free on Thai Law Online website.

Must be Bryan Flowers.

Sor Kor 1 (ส.ค. 1) is only a notification of possession based on a law of 1954 called the land code. It was issued decades ago to farmers who occupied state land. It is not a title deed and carries very limited rights. The person may live on the land and farm it, but you cannot register a sale, lease, mortgage, usufruct or any other real right at the Land Office. The document can pass to heirs, and in many areas it may be upgraded. First to a Nor Sor 3 (I think unless it changed) and later to a Chanote (full title) after a new survey and a public-notice period. Get info directly at the land department.

I’ve seen countless expats go through the same maze you’ll soon be facing, so let me give you the practical realities in the simplest terms I possibly can. Aliens still cannot own Thai land in their own names, and the state is cracking down on the ‘nominee’ work-arounds. Phuket’s been the centre of some high-profile inquiries in the past, with the Ministry of Commerce and the BOI publicly prosecuting companies which use Thai paper shareholders. Form a true Thai company. You are allowed to own up to a maximum of forty-nine percent of the shares, there must be at least one true Thai partner (typically multiple ones in the majority). The company can buy the land, but is required to meet Foreign Business Act requirements and show genuine business activity, payroll tax, social security for the staff, proper bookkeeping, annual audit, etc. If the inspectors find out your Thai partners are paper tigers, the land is liable to be confiscated and the directors prosecuted. Apply for BOI promotion. Tourism-related projects that bring significant foreign currency or promote “creative economy” activities sometimes qualify for full foreign ownership of the business, and, under the December 2024 BOI notification, limited land ownership for office and residential use is now possible. BOI status also streamlines work-permit and visa processes, but the bar is high: you must hit minimum-investment thresholds, present a solid business plan, and file quarterly reports. Take a long-term lease plus a right of superficies. The usual structure is a 30-year lease, with one or two renewals written in, paired with a registered superficies so you legally own the buildings you erect. It gives you effective control for 60–90 years without violating land-ownership rules, and it is widely accepted by Thai banks and courts if drafted correctly. Talk to someone like Sebastien H. Brousseau. He knows property law. Instead of buying raw land, buy a resort-style condominium project. You can own the units in full and then lease them to an operating company if your model is able to function like serviced apartments with common facilities. It bypasses restrictions on the land but is restricted to projects where the foreign quotient (forty-nine percent of saleable area) is still available. Avoid the "small events on the side" until you comprehend licensing. Even an evening of a DJ can invoke hotel-plus-entertainment licences, liquor licenses, neighborhood noise curfews, and excise-tax registration. Neighbors object; police show up. Budget for the eventualities. Work-permit and visa fundamentals. You must have a non-immigrant “B” visa (or BOI sponsorship category) first, prior to the issuance of a work permit. You cannot convert a retirement visa to a work permit. You must display two Thai workers for every foreign if you are the spouse of Thai national; otherwise four. The workers must be on social security and must be paid minimum of the area minimum wage. Include an estimate of 120 000 THB in the cost of government fees, legal drafting, and accounting to establish the compliant company, secure the visa, and grant yourself a one-year work permit. Renewals on an annual basis cost approximately half of the foregoing if your books are in order. How are the other foreigners doing it? The honest ones are doing some variation of the options outlined above. The unscrupulous ones are still utilizing nominee structures, but the heat is so intense that what once constituted “customary practice” five years ago now attracts hefty penalties in the form of fines, deportation, and asset forfeiture. If somebody tells you “everybody does it” without bringing up up-to-date legal opinions, do you think to yourself. "goodbye"? Action plan. Use some of your funds to do a comprehensive feasibility study through a Thai lawyer or good legal advisor like I suggested. Perhaps even a tax advisor. Chart the figures for each structure. startup cost, yearly compliance, exit strategy. When you have your preferred path, fix the land through a conditional reservation agreement while your team does due diligence over title, zoning, environmental laws. Good luck turning that six-figure fortune into a restaurant that is approved by inspectors and lets you fret over creating an unparalleled experience for the guests.

Petchabun is nice, the 5 buddhas temple. Loei too. Try to see the "Thai Dom" village not too far from Chiang Khan. I think Phi Ta Khon festival is just around in Loei.

Any bank. Update your bank book on the same day. Previously get a letter from your bank, maximum 7 days, showing your balance. Letter + Bank book needed. Had Kasikorn for years.

Cheapest and best service I saw for Last Will is ThaiLaw Online. 3,900 baht.

Seem cheap. I saw Channanat Leeds at 9,000 baht per hour for the same,