Lease contract for land

[Frode]

5 hours ago, Emster23 said:

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

Yes. Concidering all the farangs that "falls" from balconys in Thailand, special in Pattaya, I`ve decieded to have at least 2 meter high fences around my balconys in hope to prolong my lifespan ? 

[Frode]

4 hours ago, SOTIRIOS said:

...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...???

Yes, Its now in her name. I`m not worried but I still want a lease contract on it wich is fine by her.  There is no house on the land now.

 

She asked me if I was worried about letting her buy it in her name, but I said "no. Because there is no house on it now, and women dont settle for less then everything. So if she was going to screw me, she would wait until the house was build so she could get that too"?

 

Why bother at all? bother about what ?

[Frode]

4 hours ago, Jingjock said:

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

I know there is always a chance. I`m not concerned now. I sleep well in the nighttime even though the land is not on my name now. With the lease on my name, then I guess that I`ll be safe for the lease periode.

 

Even though women is women, thai or not, one must evaluate all situation. That meaning, that if I would be 80, dirty and poor and my chosen one would be a 25 year old beauty with 10 years experience from Pattaya one should maybe be a little careful of one is doing. (Dont misunderstand, one should always be careful)

 

In my case we are similar age and similar social status. She have never suffered any needs and have always had what she have been needing. So have her family. 

I understand all the warnings though, the stories of sadness is many amongst the Thai/farang relationships .

 

Neither do I put all my lifesavings into my home in Thailand. If I should loose everything I will still have a home to come back to in my home country.

If I would loose the land it would be an expensive lesson but life would go on... 

[Frode]

3 hours 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

Are there any lease fees one have to pay? Or is it one the lease rent one agrees with the owner?

[Wake Up]

If you live in a city like Khon Kaen and wife dies or does not want you anymore the lease will be upheld by a judge and her family will be ordered to stay away from you. Will cost you legal fees and emotional torment. As long as the lease was not entered when you are married to her then lease no good after divorce. 

 

If you build a house in the village and you are not wanted or she dies and family does not want you then no document in the world will save you. You will leave all behind easily or the hard way and if you want your life safe then you will leave easily. 

 

Undertand these nuances or simply roll the roll the dice and hope for the best and write off everything you spend to build a house. 

 

Love is a fickled thing but you are not going against one woman you are going against the village if things don’t go perfectly her way. 

Edited May 24, 2018 by Wake Up

[BEVUP]

6 hours ago, inThailand said:

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. 

Certainly know about that. Reckon mother was to old to now.

Well she wasn't to old when she gave the 10,000 to the POS BIL that I loaned to her, instead of giving it back to me 

 

They will mortgage the property for their other immediate (if not more distant ) relatives, as they may not have anything & need a house

 

Then after all the promises / ect they give, you end up the creek with out a paddle ( no recourse ) as it was all done with your wife's / GF property you paid for

 

You would not even know unless you keep track of Chanote (you may well be looking at a copy ) which doesn't state the Mortgage 

 

PS: Usufrut or no Usufrut 

 

I use to do street view google & see the note nailed to the door (the place is empty & can't sell )

 

Unfortunate now that MIL (ex in my mind ) is in hospital

Edited May 24, 2018 by BEVUP

[BEVUP]

29 minutes ago, Frode said:

I know there is always a chance. I`m not concerned now. I sleep well in the nighttime even though the land is not on my name now. With the lease on my name, then I guess that I`ll be safe for the lease periode.

 

Even though women is women, thai or not, one must evaluate all situation. That meaning, that if I would be 80, dirty and poor and my chosen one would be a 25 year old beauty with 10 years experience from Pattaya one should maybe be a little careful of one is doing. (Dont misunderstand, one should always be careful)

 

In my case we are similar age and similar social status. She have never suffered any needs and have always had what she have been needing. So have her family. 

I understand all the warnings though, the stories of sadness is many amongst the Thai/farang relationships .

 

Neither do I put all my lifesavings into my home in Thailand. If I should loose everything I will still have a home to come back to in my home country.

If I would loose the land it would be an expensive lesson but life would go on... 

Even when you have a Lease ,doesn't mean it's safe

Doesn't matter about age or status 

You will never know about the family dealings

[BEVUP]

48 minutes ago, Frode said:

She asked me if I was worried about letting her buy it in her name, but I said "no. Because there is no house on it now, and women dont settle for less then everything. So if she was going to screw me, she would wait until the house was build so she could get that too"?

 

You also said that the family was the same status as yourself

So I find it wierd that she is now buying a block of land in her name, which means she doesn't have a house 

 

So as i just mentioned in the other couple of posts you will be screwed as your got no idea of the family dealings 

 

Looks like your providing land/house for starters & then a vehicle

 

 

[bangkoken]

Keep something in mind. Any leases signed between you and your girlfriend MUST be filed with The Land Office of jurisdiction at the same time of the property transfer from the former owner to your girlfriend. You cannot add leasing agreements once the transfer has been completed.

[Frode]

3 hours ago, peterb17 said:

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 ! 

My intentions were never to buy land with rubber trees. I was just curious about the value of land with rubber trees. My girlfriend owns a rubber tree farm.

About diamonds, The intention was a diamond wedding ring, Max value 35 000 bath.

 

[bangkoken]

Keep something in mind. Any leases signed between you and your girlfriend MUST be filed with The Land Office of jurisdiction at the same time of the property transfer from the former owner to your girlfriend. You cannot add leasing agreements once the transfer has been completed.

[Frode]

4 hours ago, Muhendis said:

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.

If I`m leasing it,  then i have the right to use it as my own. What kind of monkeybuisness could they do to make my life miserable there?

[Frode]

3 hours ago, moe666 said:

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

How can they make it impossible for me to acess the land and house? There is acsess from goverment road and while I`m leasing it they have no right to build anything there

[Frode]

46 minutes ago, Wake Up said:

If you live in a city like Khon Kaen and wife dies or does not want you anymore the lease will be upheld by a judge and her family will be ordered to stay away from you. Will cost you legal fees and emotional torment. As long as the lease was not entered when you are married to her then lease no good after divorce. 

 

If you build a house in the village and you are not wanted or she dies and family does not want you then no document in the world will save you. You will leave all behind easily or the hard way and if you want your life safe then you will leave easily. 

 

Undertand these nuances or simply roll the roll the dice and hope for the best and write off everything you spend to build a house. 

 

Love is a fickled thing but you are not going against one woman you are going against the village if things don’t go perfectly her way. 

So what you say is that the lease should be signed when married? 

 

Btw, We are not building in her village. Her closest relative lives 1,5 hour away and she also have no connection to the place we are going to build.

 

Its dangerous to cross the road but most people do it from time to time anyway... 

 

Sometimes one gotta take a chance but always keep a back -up solution..

[Frode]

29 minutes ago, BEVUP said:

You also said that the family was the same status as yourself

So I find it wierd that she is now buying a block of land in her name, which means she doesn't have a house 

 

So as i just mentioned in the other couple of posts you will be screwed as your got no idea of the family dealings 

 

Looks like your providing land/house for starters & then a vehicle

 

 

She already have 3 houses, but none of them located were I want to live. She will pay a part in the house and she is also providing the veichle...

[BEVUP]

10 minutes ago, Frode said:

How can they make it impossible for me to acess the land and house? There is acsess from goverment road and while I`m leasing it they have no right to build anything there

How big is her family

How many brothers does she have

This is not the west, where laws are strictly adhered to 

[Muhendis]

8 minutes ago, Frode said:

If I`m leasing it,  then i have the right to use it as my own. What kind of monkeybuisness could they do to make my life miserable there?

Like I said before If all is well between you, your wife and her family There s never likely to be a problem but if your wife leaves you and divorces then her family may view you as an unwelcome guest on their land. Trees may start to disappear. fences broken, difficulty getting service and help from the villagers and so on. Although I am painting a pretty dismal picture there is equally every likelihood that all will be well and you will have a happy and stress free life but enter this phase with your eyes open and make sure you have an emergency exit should it ever be needed.

[Frode]

2 minutes ago, Muhendis said:

Like I said before If all is well between you, your wife and her family There s never likely to be a problem but if your wife leaves you and divorces then her family may view you as an unwelcome guest on their land. Trees may start to disappear. fences broken, difficulty getting service and help from the villagers and so on. Although I am painting a pretty dismal picture there is equally every likelihood that all will be well and you will have a happy and stress free life but enter this phase with your eyes open and make sure you have an emergency exit should it ever be needed.

Thats my aproch to it. If everything goes wrong, I have other places to go. I dont need to sleep under the bridge and eat grass to be able to stay alive...

[Frode]

Since everybody here (wisely enough) is sceptical to the lease agreement it would be interesting to know how yourself have solved this issues. I presume many of you already live in Thailand.  How have you arranged ownership of your land/house? 

[TEFLKrabi]

Are there any lease fees one have to pay? Or is it one the lease rent one agrees with the owner?

Just the lawyer’s fee for preparing it plus B180 to the land office


Sent from my iPad using Thailand Forum - Thaivisa mobile app

[Frode]

Should I consider starting a company and buy the land back from her? Would that be a better solution?

[rumak]

4 hours ago, quandow said:

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.

Cmon.......this one is different !

[ukrules]

5 hours ago, TEFLKrabi said:

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

Can you have both a lease and a usufruct at the same time on the same piece of land ?

 

[Wake Up]

2 hours ago, Frode said:

So what you say is that the lease should be signed when married? 

 

Btw, We are not building in her village. Her closest relative lives 1,5 hour away and she also have no connection to the place we are going to build.

 

Its dangerous to cross the road but most people do it from time to time anyway... 

 

Sometimes one gotta take a chance but always keep a back -up solution..

If you sign a lease when married then upon divorce lease is not good and void. For lease to be valid after a divorce the lease must have been entered into when you are single and not married. Important distinction. If your GF says we will do lease after marriage then that is a bad sign for you. I agree that adults gets to make their own choices and life is risk versus reward. It may work out great for you. 

Edited May 24, 2018 by Wake Up

[Khun Jean]

23 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?

No catch legally. But they can and do refuse it if they don't understand what it is, are unsure it is allowed or just got out of the wrong side of the bed.

A lawyer can help in those situations.

[Khun Jean]

9 hours ago, LukKrueng said:

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.

If you include your heirs on the usufruct then they can also use the land for their life.

You can lease out the land all of it or a part with consecutive 3 year leases as long as you want.

[Khun Jean]

7 hours 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. 

A usufruct is for the land. An address is only available if there is a house or houses on it. A good lawyer is not needed because you can fill in the document at the land office and pay a 180 baht fee.

A lawyer will come in handy if the land office has no clue what they are doing (which is often).

[Khun Jean]

3 hours ago, Frode said:

Are there any lease fees one have to pay? Or is it one the lease rent one agrees with the owner?

A usufruct is not a lease so.... No.

 

 

[Khun Jean]

2 hours ago, bangkoken said:

Keep something in mind. Any leases signed between you and your girlfriend MUST be filed with The Land Office of jurisdiction at the same time of the property transfer from the former owner to your girlfriend. You cannot add leasing agreements once the transfer has been completed.

This is wrong information.

She can add a lease any time she wants. She owns the land so it is her decision when, how and for how much.

[Khun Jean]

2 hours ago, Frode said:

Should I consider starting a company and buy the land back from her? Would that be a better solution?

No, that would be the worst.

Unless you are going to run a real business, but then it is not a question but a necessity.