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Sophon

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Posts posted by Sophon

  1. Leases are limited to 30 years.  It is easy for a Thai judge to see that a 30 year lease with automatic renewal is just an attempt to get around the 30 year lease limit.  If no issues arrise which requires the intervention of the judicial system then the extended lease is probably ok but if push comes to shove and you go to a judge then it depends on who can influence the judge most.

    SECTION 540 of the Civil and Commercial Code of Thailand

    The duration of a hire of immovable property [land] cannot exceed thirty years.  If it is made for a longer period, such period is reduced to thirty years.

    The aforesaid period may be renewed, but it must not exceed thirty years from the time of renewal.

    Thus, a 30+30 year lease is quite legal. A 30+30+30 year lease, OTH, is questionable.

    SM :o

    Although I'm no lawyer, I'm not sure I agree with that interpretation of the text.

    It's clear, that a lease can legally be renewed for another 30 years when it expires. But I believe a renewal per definition has to occur at or near the end of the expiration of the original lease. To preagree on and prepay a 30 year extension of a 30 year lease, is in effect to agree on a 60 year lease. In my opinion it's clearly against the spirit of the law, and like dugdig I wouldn't count on such an extension to be upheld in a court of law.

    Similarly I wouldn't be to confident about creating a Thai company for the purpose of owning land. If the company is a bona fide company also used for conducting business, then it would probably be ok. But to create a Thai company for the sole purpose of owning land would again in my opinion constitute a clear breach of the spirit of the law. Should Thaksin order a crack-down on these basically empty shell companies, I wouldn't be confident about my legal ownership rights.

    Just my opinion. You are of course entitled to disagree.

    Sophon

  2. sbk, Rocky and penzman thanks for your replies, which brings up these further questions/somments:

    sbk: OK so there are meters with different amp's. But as I'm not going to run a factory from my condo, is there any reason to select the "higher" one?. I'll have the usual things: Aircondtion, fridge, washing machine etc.

    Rocky: So when I go down to the office of the power company, I'll bring a copy (or will they as for the orignal) of my deed to the apartment and money. Anything else I need? As for the direct debit solution to pay for my bills, do you know if I can set that up at the same time as I go to order a meter? I was thinking that they might need to know the serial number of the meter or something like that, and it might have to wait until after the meter is installed.

    Penzman: Your point is well taken. I will follow Rocky's advice and try to get a direct debit set up with the utility company and my bank. If I for some reason fail to get this done, then I know I can leave a deposit with the condo office, and they will pay the bill.

    Thanks again

    Sophon

  3. On my last trip to Thailand in August I bought a small condo in a quet soi leading off On Nut (in Khet Suan Luang in Bangkok). Although I probably overpaid, I'm quite happy with what I got for my money.

    The condo had been unoccupied for a while, so the previous owners had the electricity meter removed. So my first order of business when I get back to Bangkok in January, will be to get in contact with the power company about getting a new meter installed. If anyone have had any experience with doing this, and could give me pointers as to the procedure, how long I should expect it to take etc., I would very much appreciate your input. If it is possible to start the procedure before arriving in Bangkok (via mail, e-mail, webside...), that would of course be an advantage seeing that I will only be in Thailand for three weeks.

    It could very well be something I have imagined, but I belive I have read somewhere that electricity meters in Thailand come with different amp's, and that you should choose one that can draw higher amp's. Any truth to that?

    Thanks in advance for your input.

    Sophon

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