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Posted
56 minutes ago, ThomasThBKK said:

Were you _legally_ married at the time you did that?

 

From what i understand all contracts between wife and husband in thailand can be nullified as long as no third party is damaged by doing so.

No

Posted
16 hours ago, sh2019 said:

I'm sorry this has happened to you but can we please stay on topic - I don't have a Thai spouse, so this is for a foreign NON-Thai person WITHOUT any Thai spouse trying to buy a property in Thailand and having it for ideally more than 30 years. A Thai nominee shareholder company is a NO IMO because it is illegal. I do believe a leasehold if properly done and registered is as good as safe for 30 years, the problem is just that, that it's just for 30 years.

The problem is that it is just a rental contract and not a lease as you understand the word. If it gets cancelled your damages are going to be insignificant and bear no relation to the value you will pay fir the lease. 

Posted
4 minutes ago, timewilltell said:

No

 

That's hilarious then, but i had an similar encounter where they just made shit up and claimed WE ARE married at the land office even tho i was never ever and will never be married in my whole life. 

 

Did you pay market value for the lease and also taxes at the land office? (so it is not considered a gift)

 

 

 

Posted
5 hours ago, steve73 said:

What about the "usefruct" option?  This usually get a mention.

It's a lifetime lease as I understand it.

How would you expect OP to get a usefruct when OP don't have a Thai spouse..?

Posted
9 minutes ago, khunPer said:
5 hours ago, steve73 said:

What about the "usefruct" option?  This usually get a mention.

It's a lifetime lease as I understand it.

How would you expect OP to get a usefruct when OP don't have a Thai spouse..?

I was under the impression anyone can register a usefruct on any land......with the owners approval obviously.

 

I've not seen mentioned that it can only be registered by a Thai, or someone with a Thai spouse....  

 

 

Posted
54 minutes ago, Mamasun said:

I have a 30 years lease on my land...registered to the Land office....I have the original chanote with me ! i have make a contract...that if the owner want the land back in 30 years he will need to pay me the house I built on it

 

In Thailand...Land is not yours...BUT the building on is yours..

Thank you, I love this :-)))

  • Like 1
Posted
57 minutes ago, Mamasun said:

I have a 30 years lease on my land...registered to the Land office....I have the original chanote with me ! i have make a contract...that if the owner want the land back in 30 years he will need to pay me the house I built on it

 

In Thailand...Land is not yours...BUT the building on is yours..

So when you buy the lease what are you buying and if the landowner decides he wants too redevelop the land your house is on your house would be worthless/unsaleable ?

Posted
1 hour ago, steve73 said:

I was under the impression anyone can register a usefruct on any land......with the owners approval obviously.

 

I've not seen mentioned that it can only be registered by a Thai, or someone with a Thai spouse....  

Thanks for your reply.

Yes, anyone can register a usefruct – or try, as some land offices will not register a usefruct for a foreigner. But that was not what I had in mind to say, but rather who will grant a usufruct with life-time to a stranger farang – the usufruct is often used within families for family land – a lease in return of a fee is much more likely.

  • Thanks 1
Posted
50 minutes ago, Jumbo1968 said:

So when you buy the lease what are you buying and if the landowner decides he wants too redevelop the land your house is on your house would be worthless/unsaleable ?

You could make a clause in the lease agreement, where the lessee's permitted buildings, or constructions, should be compensated at some agreed price, or value, or market value, when the lease term expires.

Posted
18 hours ago, khunPer said:

Thanks for your reply.

Yes, anyone can register a usefruct – or try, as some land offices will not register a usefruct for a foreigner. But that was not what I had in mind to say, but rather who will grant a usufruct with life-time to a stranger farang – the usufruct is often used within families for family land – a lease in return of a fee is much more likely.

Thanks for your clarification.

With my cynical hat on, if I was a Thai with some "spare" land in a farang popular area, then a usefruct (with a paid-up front fee, and limited to the lifetime of the holder) might be a better alternative than a lease (also paid up front, but which would be valid for it's entire term).

 

It could be a risky thing for a farang to take on...!!  Perhaps that why some land offices won't register them..?

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Posted
On 6/10/2019 at 4:34 AM, Netease said:

I wouldn't do that, at any time they want you out they will find a way and you won't get your money back

Exactly, pay by the month and maximum 2 month rent in deposit. Normally they never return your deposit anyway if you are a foreigner.

  • Confused 1
Posted
8 hours ago, steve73 said:

Thanks for your clarification.

With my cynical hat on, if I was a Thai with some "spare" land in a farang popular area, then a usefruct (with a paid-up front fee, and limited to the lifetime of the holder) might be a better alternative than a lease (also paid up front, but which would be valid for it's entire term).

 

It could be a risky thing for a farang to take on...!!  Perhaps that why some land offices won't register them..?

I don't think that's why some land offices wont register a usufruct, but merely because a usefruct is not for foreigners, as it originally mean to "use the fruits of the land" (from what I've read it originates from the antic Romans).

 

However – and sorry for saying it – in Thailand its always beter to be worth more alive, than dead, so you do have a point there.

  • Like 1
  • 11 months later...
Posted
On 6/12/2019 at 4:17 PM, bander said:

Exactly, pay by the month and maximum 2 month rent in deposit. Normally they never return your deposit anyway if you are a foreigner.

I have rented for years in Thailand and always got my deposit back minus the water/eclectic bill for the last month. Friends of mine have the same experience. 

 

If you don't trust your landlord, just don't pay rent the last month and steal a sofa. 

Posted
On 6/11/2019 at 3:23 PM, steve73 said:

I was under the impression anyone can register a usefruct on any land......with the owners approval obviously.

 

I've not seen mentioned that it can only be registered by a Thai, or someone with a Thai spouse....  

 

 

You are correct. No meed to be married to a Thai.

  • Like 1

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