Lease contract for land

[Frode]

Hello

 

I`ve bought some land in Thailand on my girlfriends name and wants to secure myself. Both for the sake of predispose the land but also for the possibility to sell the  leasecontract with the house that I`m going to build. I pay for the land and am not to pay any fee for the lease. If I at a later stage would deciede to sell the home it have to be with the leasecontract and that the new owner neither have to pay lease rent to the owner of the land. How can I aproch this issue? Anybody have any tips?

 

Thank you

[Khun Jean]

Best tip. Don't do it.

Second best, get a usufruct for live instead and rent out the house on a 3 year contract.

Third best, get a 30 year lease and add a clause that you can transfer the remainder of the lease to someone else.

 

 

[Frode]

Thanks for the answer

 

The first one: I know there always be a risk. But I`ve decieded to take the chance.

The second one: What is a usufruct?

The third one: Thats the one that I planned to use. Is it so that one can add a clause that I have the right to extend the lease after 30 years? And do I need to go to a lawyer or is there standard contracts that I can get from internet to fill out and bring to the land-office to get it written on the chanod?

[Khun Jean]

A usufruct is a 'real-right' that gives you the use of the land. It costs about 180 baht to register.

The best part is that it can be for live, meaning that there is no 30 year barrier and also no need for extensions.

Some land offices refuse this. It is wrong but it happens. You could repeal, i would not recommend. Bring a lawyer, that might help. It did for me once. They believe lawyers more then a foreigner who thinks he know the law better then they do. ?

 

A 30 year lease is the max you can get. Adding a clause to be able to extend for another 30 year is possible but only applies to the owner and you. If the owner changes they have to fulfill the 30 year lease but not any other clauses. it is also looked upon as trying to circumvent the law so some land offices do not even allow it. Be prepared to pay again for the extension against at least marketprice, or if the person is still your friend pretend like you paid and just pay the taxes. A standard lease is sufficient. Once you are adding additional clauses like to make it possible to transfer the lease (btw then extension does not transfer!) or extend it then it is best to use a lawyer or maybe an existing lease from a neighbor/friend/etc to copy.

I think it would be best to make a new lease instead of a transfer. Use the transfer clause as a backup.

 

 

Edited May 23, 2018 by Khun Jean

[Frode]

If I understand you right, all i have to do is to go to the landoffice and get a usufruct, pay 180 bath and I can use the land for life?

It sounds to easy. In case its so, whats the catch?

[inThailand]

The only safe and secure way to at least have some rights over your investment in the land and house is a registered 30 yr lease.  And this will prevent her from mortgaging the property which her family will insist on. 

[LukKrueng]

13 hours ago, Frode said:

If I understand you right, all i have to do is to go to the landoffice and get a usufruct, pay 180 bath and I can use the land for life?

It sounds to easy. In case its so, whats the catch?

while you can sell/transfer a lease, you can't do that with usufruct. Also, if you die during the period of the lease, the lease survives you and your heirs get it. usufruct dies with you.

[Frode]

Tank you for your responses. Then its settled. Lease it will be. Any tips around that? Do I need a lawyer, can I just do it together with the owner at the land office? Are there any standarized contracts online that I can use?

[Emster23]

13 hours ago, Frode said:

If I understand you right, all i have to do is to go to the landoffice and get a usufruct, pay 180 bath and I can use the land for life?

It sounds to easy. In case its so, whats the catch?

Life can be terminated in less than 30 years. Catch my drift?

[SOTIRIOS]

...duhh...seems like you may be too late...

 

...it's hers now...you get nothing...???

 

...only if she decides to take you for the house too....

 

 

...if you 'don't mind'...why bother at all...???

[korkenzieher]

16 hours ago, Khun Jean said:

A usufruct is a 'real-right' that gives you the use of the land. It costs about 180 baht to register.

@Khun Jean Do you know the Thai term for Usufruct, or would a Thai lawyer understand that term?

[Juan B Tong]

To secure yourself you'll need a straitjacket.

The money is gone and you'll go crazy getting it back.

And it may help prevent you doing such a foolish thing again.

[Jingjock]

17 hours ago, Frode said:

The first one: I know there always be a risk. But I`ve decieded to take the chance.

The risk is 95% you will lose your money. I know many done the same because they don't LISTEN, the latest, my mate brought a block of land for his lovely lady, he assured me, she was different than all the other girls. Result lost everything now back in Aussie. Your choice m8

[grumbleweed]

Sign yourself into the nearest asylum, you should be secure there

[TEFLKrabi]

15 hours ago, Frode said:

If I understand you right, all i have to do is to go to the landoffice and get a usufruct, pay 180 bath and I can use the land for life?

It sounds to easy. In case its so, whats the catch?

A usufruct gives you the right to live at an address for your lifetime. A good lawyer can draft it then you take it to the land office and register it. 

[watcharacters]

1 minute ago, TEFLKrabi said:

A usufruct gives you the right to live at an address for your lifetime. A good lawyer can draft it then you take it to the land office and register it. 

 

 

I thought 30 years only.   Are you sure about a lifetime?

[PerkinsCuthbert]

Usufruct in Thai: สิทธเก็บกินในทรัพย์สิน: sit kep kin nai sap sin.

Edited May 24, 2018 by PerkinsCuthbert

[TEFLKrabi]

 
 
I thought 30 years only.   Are you sure about a lifetime?

Yep. If you lease the land you get 30 years but usufruct is for life.


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[watcharacters]

2 minutes ago, TEFLKrabi said:

Yep. If you lease the land you get 30 years but usufruct is for life.


Sent from my iPad using Thailand Forum - Thaivisa mobile app

 

 

I thought a  usefruct was basically a legal lease for the land in the first place.

 

Please explain what you think it is?

 

 

 

 

[TEFLKrabi]

 
 
I thought a  usefruct was basically a legal lease for the land in the first place.
 
Please explain what you think it is?
 
 
 
 

A usufruct gives you the right of abode at an address, even if the property changes ownership. No money is paid except for the B180 to the land office. There’s also no tax paid every year.


Sent from my iPad using Thailand Forum - Thaivisa mobile app

[watcharacters]

2 minutes ago, TEFLKrabi said:

A usufruct gives you the right of abode at an address, even if the property changes ownership. No money is paid except for the B180 to the land office. There’s also no tax paid every year.


Sent from my iPad using Thailand Forum - Thaivisa mobile app

 

 

Thanks for that info.

 

 

[TheFishman1]

Don’t do it the best advice TIT

[baansgr]

First hand have seen every way to get round ownership. As a Foreigner it's impossible without complications. Unless op can write off the cost of land may as well forget it

[Muhendis]

Usufruct or lease will give some security whilst everything is fine and dandy with you and your wife, but should she die before you, you must ask yourself if her family will maintain the same good feelings towards you or will they make you want to be somewhere else. Also what will life be like for you on her land if she decides to separate/divorce.

[peterb17]

A question - why did you do this?

 

Its not a criticism- just intrigued. 

[peterb17]

Oh dear.

 

Previous posts - buying land with rubber trees ( at the moment not such a good idea) and where to buy diamonds for the gf.

 

If you are a very wealthy guy - there is no problem buying gifts for your gf.

 

if not - take it easy ! 

[Peterw42]

29 minutes ago, peterb17 said:

buying land with rubber trees ( at the moment not such a good idea)

A condom farm in Thailand, I think its a great idea, lol

[moe666]

Lets see 30 year lease relationship maybe 5 years or less, Yes you have lease but family make it impossible for you to access land and house. Eait until u are married a while to see were this is going

[quandow]

1 hour ago, peterb17 said:

A question - why did you do this?

 

Its not a criticism- just intrigued. 

You REALLY have to ask? OP is thinking with the wrong head . . .

 

Been in Thailand 14 years, heard so many similar stories (as have we all), NONE of them ending well.

[musicscene]

4 hours ago, Frode said:

Tank you for your responses. Then its settled. Lease it will be. Any tips around that? Do I need a lawyer, can I just do it together with the owner at the land office? Are there any standarized contracts online that I can use?

You can register a 30 year lease on the land but you have to state how much you are paying each year for the lease and tax will need to be paid by your wife