Siam Legal - My questions answered

[baneko]

I have just had some correspondence with Siam Legal regarding creating a lease on land where I plan to build a house. Their reply was swift but the information supplied I would say is suspect. It was also answered in an impolite and unhelpful manner. Please read the chain and give me your thoughts. I have removed the lady in question's name and also my name they have been substituted by my Thai Visa name and her as Siam Legal. I had already explained to the lady I was building a house and my location so she should have been aware that no Condos exist here.  I wont be contacting them again with info and replies like this.

 

Thanks

 

>> On 2017-12-19 14:06, baneko wrote:
>>> Hi Siam-Legal
>>>
>>> Would it be possible for you to give me a quote on a 30 year Lease
>> on
>>> a piece of land currently owned by my wife. The land is approx 1rai
>>> located in Phanat Nikhom, Chonburi. The cost of the land was
> 500,000
>>> baht around 3 years ago. I am currently planning to build a
> property
>>> on this land within the first six months of this year.
>>>
>>> If you require any further information please let me know. I am
>>> currently at work and wont return home to Thailand until 23.12.17
>> but
>>> I would rather initially be contacted via email.
>>>
>>> Best Regards
>>>
>>> baneko

 

>>  FROM: "*******" <******@siam-legal.com>
>> TO: baneko
>> SENT: Tuesday, 19 December 2017, 8:15
>> SUBJECT: Re: Requirements and Costs to create a 30 year Lease
>
>>
>> Dear baneko,
>>
>> The land offices in Chonburi province no longer allow 30-year lease
> of
>>
>> land between foreign husbands and Thai wives.
>>
>> Regards,
>>
>> Siam-Legal
>> Legal Assistant
>>

 

>> Hi Siam-Legal
>>
>> What are the other options available?
>>
>> Thanks
>>
>> baneko
>>

 

>  FROM: Siam-Legal
> TO: baneko
> SENT: Tuesday, 19 December 2017, 9:15
> SUBJECT: Re: Requirements and Costs to create a 30 year Lease

>
> Buy a condo unit in a foreign quota so that you will be 100-percent
> owner.
>
> Or  rent a house / apartment.
>
> On 2017-12-19 15:13, Siam-Legal wrote:

 

On 2017-12-19 15:19, baneko wrote:
> I live in a small village in Chonburi. I have the land already. I am
> building a house. I only need something to cover me in case for
> instance my wife dies so I can live in the house I am building. No
> Condos close to me. Is there any other legal method I can use?
>
> Thanks baneko
>
 

Final Comment from Siam-Legal:

 

There WERE legal methods but now all have been stopped and not allowed
to happen especially in provinces where foreigners live like Chonburi,
Phuket, Chiangmai.



 

 

[ukrules]

So the Usufruct law is being selectively applied to exclude foreigners from leasing land ?

 

She was straight to the point - that would have no complaints from me.

 

Edited December 19, 2017 by ukrules

[swissie]

I'll make a note of that. By refusing to establish a legal construct, designed to circumvent the law that states that a Farang is not allowed to own land, makes "Siam-Legal" a respectable law-firm in my eyes.

Respectable law-firms have stopped establishing such "constructs" a couple of years ago.

Things have changed. The current Government does not look favorably at devices, that (at the end of the day) have no other purpose than to go around the law that does not allow for foreighn land-ownership.
There is a reason, why reputable law-firms do not provide such "services" anymore. (They know a bit more, than the average hopeful Farang, I venture to say.)
In the best of cases, constructs initiated before date xx.xx.xxxx will be "Grandfathered". But constructs initiated after date xx.xx.xxxx may feel the brunt of a likely future "crackdown".

The much applied "usufruct". Usufruct = "to make use of something".

- Just to build a house on a property and living on location does not comply sufficiently with the "spirit" and the letter of the law describing "usufruct". There is a lot more to it. But that's another story and I am getting tired trying to explain the intricacies of Thai-Law, knowing that in the end, most Farangs will follow the advice of some back-street low cost lawyer or their Thai-Girlfriends. I don't know which is worse.
Cheers.

[mstevens]

It looks like you sought free advice from a law company and their answers were concise.....which is exactly what I'd expect.  I don't see their responses as either impolite or unhelpful.

[zoza]

they told you how it is? what did you expect ? for free ?