Has anyone ever bought an already built house (not the land) in your own name?

[BEVUP]

1 hour ago, rott said:

I am told by a Bangkok lawyer that as I am not buying the land  he does not see a problem. That is a fairly quick opinion and he obviously has no personal experience of this.

 

I have also been told that (not by a lawyer) I can just keep hold of the chanote, no need to record any change, nothing can happen without my OK while it is in my possession. This is how the moneylenders operate. Or possibly a more normal 30 year lease.

Your just joking, right

[pat7561]

The answer is very simple is YES ,BUT  you can build your house at your name and  it is better to use thai lawyer .

YES

- First you need to have a yellow book (permanent address  in the country)

- you need to have a leasehold (30 years) on the  land where you  want build your house

- have your name on the architect plans and after on the  building permit

- can justify that you paid for building with your name on invoices.

- and to finish get the blue book at your name

-  change the address in your yellow book with your address of your house (up to you)

 

BUT  you are the owner only for the time of your leasehold  for exemple 2 years if you need 2 years to build.

AFter the house will be the property of thai  (people our company) even if you can renew for 30years more your leasehold at its trrmination.

You  will have to find agreement with them to use for free your house ....

[jvs]

The land i live on is in a company name,the first house i build is also in a company name.

The second house is in my name but i only have a yellow housebook for the first house.The local ampur does not want to give me a second yellow book.

I live in the second house but my legal address is at the first house.

Altogether there are four chanotes and each house is on a separate one.

Kind of complicated because my girlfriend, who does not live with me,

Lives in the bigger house and is in the blue book.

No i have not been drinking.

 

[inThailand]

Isn't all this talk about owning the house for when you or her are finished with each other? You can not legally take this house off the land or use it with out easement rights. All this talk about owning the house is of little practical value. A 30 registered year lease with sublet ability will allow you to live and if desired sublet the house. That's the best you can hope for. 

[BEVUP]

7 hours ago, inThailand said:

Isn't all this talk about owning the house for when you or her are finished with each other? You can not legally take this house off the land or use it with out easement rights. All this talk about owning the house is of little practical value. A 30 registered year lease with sublet ability will allow you to live and if desired sublet the house. That's the best you can hope for. 

Oh yeh

After all these posts that talk about building a house ( NOT WHAT OP MENTIONED ), we have a comment on what the OP asked

Quote OP " Can I own a house that is already established , that is registered on a Chanote "

                   EG: House in Moo Baan or House in Village

 

NO, NO & NO 

 

& You know why !

 

Thai laws do not let you own out right. Look at it this way - OP's case, if already established EG. Moo Baan you can Lease/Usufrut ect (still not own )

People will come along & say Company (still not own, only control ), but by the way the OP is sounding it seems he plans to buy in an established Moo Baan & thinks he can own the house some how still leaving land as he knows in thai name 

 

If he takes out Lease or Usufrut he must put a third party on it as it will make it harder for the owner to transfer as it will/may effect the third party

[blackcab]

On 6/3/2018 at 1:43 AM, BEVUP said:

 If he takes out Lease or Usufrut he must put a third party on it as it will make it harder for the owner to transfer as it will/may effect the third party

 

Affecting a third party only matters if he is married to the usufructor or lessor.

 

Having a usufruct or lease registered against a property does not stop the owner selling it. It just makes it unlikely (but far from impossible) someone else will buy.

[rott]

On 6/1/2018 at 8:26 PM, BEVUP said:

Your just joking, right

Which part do you find laughable and why? I was looking for info not being a smartarse.

[Max11man]

Does anyone out there have experience with this form of dealing with Land Office ?    "Sale of a Building"    

I would like to know if it adds any stronger legal protection than Usufruct/Superficies, which as per section 1469 of Thai civil code, can be cancelled by my Thai wife in the event of divorce.

 

> in case of a foreigner buying real estate in Thailand ownership of a house can be registered and transferred separate from the land it stands on

>Sale and transfer of ownership of an existing building separate from the land requires the current owner and purchaser of the house to:

• sign a standard land office Thai script sale of a structure document, signed at the land office in front of the competent land official (this official document is used as proof of ownership of the house)

• followed by a 30 day public announcement/ posting of the house sale at specific locations

• after the announcement period the parties return to the land office to complete the transfer (the Thai script sale of a structure agreement will stamped and issued by the land office and can be used as proof of ownership of the building)

• property transfer taxes and fees must be paid (each party pays a share based on the agreement between the parties)

https://www.samuiforsale.com/knowledge/owning-a-house-in-thailand.html

http://library.siam-legal.com/thai-law/civil-and-commercial-code-marriage-section-1465-1493/

 

[andressed]

Yes, I was allowed to register a superficie in land office in Rayong and are real owner of house built on land where my gf is registrated as owner land. I'm not sure if all land offices will allow registration of superficie.