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giving use of small piece land without deed transfer


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Here we are in Isaan with about 2 rai of land just outside the village and sister has maybe 1/2 rai or a bit more adjacent to us.  We have a small house, a guest house and a covered parking all near the top part.  I would like to build sister and family a small house of about 100m2 on the bottom part (all level, just relative to the road) but her land is only about 12 meters across and it will be a squeeze to get a house into the area.  She does not want to build onto our land because who knows what could happen in the future.  Can we cede forever a small strip 5 meters by say 10 meters to  her without getting the surveyors in and changing deeds etc.?  Thanks in advance for any comments.

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No you can't. You can give her a lease for 30 years, but this needs to be registered at the land office. You can give her a usufruct for her life, but this also needs to be registered at the land office. The best you can do is give her a 3 year lease every 3 years.

 

As others have said, if you don't get is taken care of properly, all you will do is store up problems for future generations.  For example if she lives there for more than 10 years without some kind of documented undertaking then she can claim the land as hers. Now she might not do that, but her kids might if the land becomes valuable.

 

Don't put the burden on the next generation. Either get her to sign a 3 year lease with an attached plan setting out her leased land once every 3 years, or divide the land officially and give her a lifetime usufruct for her piece.

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On 8/2/2018 at 2:19 PM, notrub said:

but her land is only about 12 meters across and it will be a squeeze to get a house into the area.

However, many can build a nice house on less width than 12 meters; ½ rai means it must be a some 60 meters long land plot.

 

If you/she place her house the minimum ½-meter inside her land from your land, she is within legal building permission – 1-meter allow windows and doors, ½-meter openings only with neighbor's permission – and then you can use the 3-year option for giving some additional land to her on that side.

 

On the other side she could leave enough space for passing through to the back, for example 2 meters, that will give her about 9-meter width for a house. If the house is design right, then that can work very well.

 

PS: My land is 9½ meter wide, so are most of the plots where I live – 9 to 10 meters wide, a few a little more, and one only 6 meter across – everybody seem to manage with nice constructions within that range.

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