To remove a usufruct from a residential Chanote title, does anyone know if one can employ 'power of attorney' to do so. If not, do both parties (myself/Uk citizen and my Thai wife) need to go to the land office?

 

52 minutes ago, bojo said:

To remove a usufruct from a residential Chanote title, does anyone know if one can employ 'power of attorney' to do so.

Only a court decision apparently.

It will be very difficult, especially if your contract is well written.

Any registered agreement, like Usufruct, will have to go to a Thai Court in order to be cancelled and that will take time.

A good professional law firm would be able to help you.

You can use a letter of authority, however you need to use the Land Office authority form.

 

You will need to attend a Thai Embassy or consulate to sign the letter of authority and get it witnessed by Embassy or consulate staff.

 

The original signed letter of authority then needs to be physically presented at the Land Office.

 

Best advice is to ask the Land Office in question what they will accept, because each office will have differing requirements. I wouldn't just turn up at the Land Office with a set of documents and hope it will work out, because it might not.

Many thanks to Kwasaki and Blackcab, appreciated......

Why would you want to cancel it.  It gives you leverage. 

1 minute ago, connda said:

Why would you want to cancel it.  It gives you leverage. 

 

Maybe they want to sell the plot ?? 

Near impossible with a Usufruct on the chanote..

As stated its best to check with the land office to see if power of attorney can be used.

 

In 2011 I canceled usufruct and it only required property owner and myself to terminate.  No court order was required.

 

Just to clarify this, from the OP it would appear that the Usufructor and the Usufructee are in agreement to cancel the Usufruct. A Court order is not needed to cancel a Usufruct in this case.

 

A Court order is needed when the Usufructor and the Usufructee cannot agree to cancel the Usufruct or the Usufructee cannot be found and is missing, believed to be deceased.

15 hours ago, blackcab said:

Just to clarify this, from the OP it would appear that the Usufructor and the Usufructee are in agreement to cancel the Usufruct. A Court order is not needed to cancel a Usufruct in this case.

 

A Court order is needed when the Usufructor and the Usufructee cannot agree to cancel the Usufruct or the Usufructee cannot be found and is missing, believed to be deceased.

Agreed that is what the contract is all about......certainty.

4 hours ago, cornishcarlos said:

 

Maybe they want to sell the plot ?? 

Near impossible with a Usufruct on the chanote..

Agree

I'm still on a Chanote that the Lender can't sell - still has 20 yrs

On 6/10/2019 at 4:22 PM, cornishcarlos said:

 

Maybe they want to sell the plot ?? 

Near impossible with a Usufruct on the chanote..

It's certainly possible (maybe just as easy) to sell land with an Usufruct on the chanote.

 

The problem is that you probably won't get anything near market price for it. 

2 minutes ago, sometimewoodworker said:

It's certainly possible (maybe just as easy) to sell land with an Usufruct on the chanote.

 

Really !!! Would you buy a piece of land that someone else had the right to use, possibly for their life ??

I wouldn't and I'm sure the majority of people also wouldn't...

1 minute ago, cornishcarlos said:

Really !!! Would you buy a piece of land that someone else had the right to use, possibly for their life ??

I wouldn't and I'm sure the majority of people also wouldn't...

Would depend on the buyers morality and how easily an 'accident' can be arranged locally.

7 minutes ago, cornishcarlos said:

 

Really !!! Would you buy a piece of land that someone else had the right to use, possibly for their life ??

I wouldn't and I'm sure the majority of people also wouldn't...

That wasn't the point. You, not being Thai from your username, can't buy anyway.

 

However if you got the land at a heavly discounted price and knew the age  and health of the Usufructee. I know several reasonably well off Thai people who would. 

1 minute ago, sometimewoodworker said:

You, not being Thai from your username, can't buy anyway.

 

I certainly can buy... I buy for my wife ????

Just now, cornishcarlos said:

 

I certainly can buy... I buy for my wife ????

No you can't. She can. You can't 

On 6/10/2019 at 9:20 AM, connda said:

Why would you want to cancel it.  It gives you leverage. 

I thought it's the wife who wants to cancel it.