section 96 of the Land Code Act ‘as the owner in place of a foreigner’

[brianthainess]

2 minutes ago, ArranP said:

11

So not old enough to have land in her name to my knowledge. I think it is 15 but i guess like everything else in LOS it depends where you live.

[baansgr]

The land may very well have been sold already or hoked to some monet lender. 

[ArranP]

1 minute ago, Pilotman said:

You have been incredibly naive all through this process, in trusting your gf and in not getting proper legal advice from a reputable, if probably expensive, law firm.  Your options are now very limited and it looks to me like you must walk away from it and her and start again. You have learnt a valuable lesson in Thailand, trust nobody, unless you really do know them and even in that case, go cautiously and protect yourself legally at each turn. Good luck. 

 

It is a criminal offence for a Thai national to purchase land in Thailand, in place of a foreigner.  When funds to purchase land in Thailand are coming from a foreigner,  a procedure must be followed, at the land office to declare said funds as the personal property of the Thai national.  If this is not done the following criminal and offences are committed.   

 

Criminal offences comitted

1. Thai national : violation of Criminal Code Section 267
2. Thai national : violation of Section 94 / 96 of the Land Code
3. Foreigner : violation of  Section 94 / 96 of the Land Code 

 

Also, the foreigner has rights to refund of their personal property, based on the 'undue enrichment' sections of the civil code.

[ArranP]

21 minutes ago, brianthainess said:

So not old enough to have land in her name to my knowledge. I think it is 15 but i guess like everything else in LOS it depends where you live.

 

Children younger than 11, own land in Koh Lanta.

[ArranP]

15 minutes ago, baansgr said:

The land may very well have been sold already or hoked to some monet lender. 

 

I'm sitting on it as I type.

 

It may very well have been, this part is out of my control.

Edited August 24, 2019 by ArranP

[Pilotman]

34 minutes ago, ArranP said:

 

It is a criminal offence for a Thai national to purchase land in Thailand, in place of a foreigner.  When funds to purchase land in Thailand are coming from a foreigner,  a procedure must be followed, at the land office to declare said funds as the personal property of the Thai national.  If this is not done the following criminal and offences are committed.   

 

Criminal offences comitted

1. Thai national : violation of Criminal Code Section 267
2. Thai national : violation of Section 94 / 96 of the Land Code
3. Foreigner : violation of  Section 94 / 96 of the Land Code 

 

Also, the foreigner has rights to refund of their personal property, based on the 'undue enrichment' sections of the civil code.

I'm not sure what point you are trying to make. Are you trying to justify your actions and expect some recompense?  This is Thailand; the Rule of Law, if it exists at all as a concept. or as an applied set of rules, is flexible and is not designed to protect none citizens.  Neither is it applied to look into the minor details of transactions using personal funds between private individuals, as in civil cases in say the UK. You have lost your money and your plans, so move on mate.  

Edited August 24, 2019 by Pilotman

[baansgr]

26 minutes ago, ArranP said:

 

I'm sitting on it as I type.

 

It may very well have been, this part is out of my control.

Stark reality....you aint getting your money back. WIll gf put land in daughters name for a one off payment. Lawyers will charge hundreds of thousands and you still wont get anywhere...continually qyoting the thai law may make you feel better but it wont change the situation. How big is the land, whats the value

[ArranP]

22 minutes ago, Pilotman said:

I'm not sure what point you are trying to make. Are you trying to justify your actions and expect some recompense?  This is Thailand; the Rule of Law, if it exists at all as a concept. or as an applied set of rules, is flexible and is not designed to protect none citizens.  Neither is it applied to look into the minor details of transactions using personal funds between private individuals, as in civil cases in say the UK. You have lost your money and your plans, so move on mate.  

 

Post is asking for recommendations from people who have had a good and value for money experience with a Law firm.

 

Regards the law being in effective, I hope that is not the case, without the legal system as a viable means to reconcile wrong doings, we as a human race decend into bunch of savages, seeking recompense for wrong doings via our own means, God forbid.

Edited August 24, 2019 by ArranP

[ArranP]

15 minutes ago, baansgr said:

Stark reality....you aint getting your money back. WIll gf put land in daughters name for a one off payment. Lawyers will charge hundreds of thousands and you still wont get anywhere...continually qyoting the thai law may make you feel better but it wont change the situation. How big is the land, whats the value

 

2 Rai 2 Nan, 4.5m

[Pilotman]

9 minutes ago, ArranP said:

 

Post is asking for recommendations from people who have had a good and value for money experience with a Law firm.

You may not like some of the recommendations.  When my wife, our daughter  and me formed our company to buy our land and property, legally, we used 'Freshfields Bruckhause Deringer' in Bangkok, but it wasn't a cheap option. 

Edited August 24, 2019 by Pilotman

[baansgr]

7 minutes ago, ArranP said:

 

2 Rai 2 Nan, 4.5m

Offer her a few hundred thousand as thats at least what lawyers will charge for doing sweet fa, however at 4,5mil i doubt she wont accept anything less than market value. Lot of money to loose....i lost more than that. Seriously, you wont get anywhere.

[ArranP]

1 hour ago, baansgr said:

Offer her a few hundred thousand as thats at least what lawyers will charge for doing sweet fa, however at 4,5mil i doubt she wont accept anything less than market value. Lot of money to loose....i lost more than that. Seriously, you wont get anywhere.

 

One has to try.

 

Giving money will send the wrong message, and only encourage more of the same at some future juncture....  

[Beggar]

37 minutes ago, ArranP said:

 

One has to try.

 

Giving money will send the wrong message, and only encourage more of the same at some future juncture....  

It is a bad story. What does your GF say? Why does she not want to give the land to the kids? 

[ArranP]

1 hour ago, Beggar said:

It is a bad story. What does your GF say? Why does she not want to give the land to the kids? 

 

GF want my son ( the son I have with her he is 5 years old ) and my daughter on the title deed.

 

The is not my first choice... I intend to maintain the choice of using the Thai accommodation business as security to purchase a boat, so that funds from my UK accommodation business can be used to fund the growth of the Thai accommodation business.  If I put my son on the title deed it means I need to wait 13 years until they are both ( my son and daughter ) are over the ago of 18 years, instead of just 7 years if it were only my daughter.

 

Her reasoning for this is that she wants to look out for my sons future...  so after 1 day of contemplation, I conceeded, and agreed to putting both my son and daughter on the title deed.... so long as GF did the same with her land, i.e. transfer her land into my sons name.  Initially she agreed, a day later, she refused, spouting why do I try to control her... bla bla bla.

 

This is a business I am running, I can't have GF meddling in business affairs, each time we have a fall out, its not practical, and her interference blocks progress.  I am not able to go to the land office to upgrade land to chanote, order land survey etc etc... 

 

All 4 of my children each will get 25% my estate, which will be stipulated in my will, and drawn up by my soilicitor / lawyer.  

 

 

Edited August 24, 2019 by ArranP

[Beggar]

16 minutes ago, ArranP said:

 

GF want my son ( the son I have with her he is 5 years old ) and my daughter on the title deed.

 

The is not my first choice... I intend to maintain the choice of using the Thai accommodation business as security to purchase a boat, so that funds from my UK accommodation business can be used to fund the growth of the Thai accommodation business.  If I put my son on the title deed it means I need to wait 13 years until they are both ( my son and daughter ) are over the ago of 18 years, instead of just 7 years if it were only my daughter.

 

Her reasoning for this is that she wants to look out for my sons future...  so after 1 day of contemplation, I conceeded, and agreed to putting both my son and daughter on the title deed.... so long as GF did the same with her land, i.e. transfer her land into my sons name.  Initially she agreed, a day later, she refused, spouting why do I try to control her... bla bla bla.

 

This is a business I am running, I can't have GF meddling in business affairs, each time we have a fall out, its not practical, and her interference blocks progress.  I am not able to go to the land office to upgrade land to chanote, order land survey etc etc... 

 

All 4 of my children each will get 25% my estate, which will be stipulated in my will, and drawn up by my soilicitor / lawyer.  

 

 

I am not lawyer. But perhaps the Thai law knows something like a trust. The land is moved to the trust (this is then the new owner) and there you can decide with contracts who gets what if you die. Perhaps this could solve everybody's problems. But again - I don't know the law in this respect in Thailand. And of course it costs some money. But depending on the national laws it can have many benefits. This is why especially people with a lot of money use it often.