townhouse ownership

[Steveinphrae2]

I know I can own an apartment and condo in my name. What about a townhouse. I want to buy one in Chiang Mai but the question is me being a Farang (from the US) can I have the Deed put in my name. 

Thanks for the help 

[Peterw42]

You can only own a Condominium.

[Jaxxper]

I guess the quick answer is no. You could explore buying it via a company but not sure how legal that is. Heard mixed opinions.

[timendres]

8 minutes ago, Jaxxper said:

I guess the quick answer is no. You could explore buying it via a company but not sure how legal that is. Heard mixed opinions.

If the purchase of the property is related to the operation of the business, it is legal. If the business is created solely for the purchase of the property, it is not.

[Just Weird]

20 hours ago, Steveinphrae2 said:

I know I can own an apartment and condo in my name. What about a townhouse.

Yes, you can own a townhouse and have it registered in your name, as you can own any type of house, but you cannot own the land that it is built on, that's the fly in the ointment.

[Mick501]

49 minutes ago, Just Weird said:

Yes, you can own a townhouse and have it registered in your name, as you can own any type of house, but you cannot own the land that it is built on, that's the fly in the ointment.

Is there a work around for that?

[steve187]

2 hours ago, Just Weird said:

Yes, you can own a townhouse and have it registered in your name, as you can own any type of house, but you cannot own the land that it is built on, that's the fly in the ointment.

do you not have to build the house, not buy a house already built on someones land

[Max69xl]

2 hours ago, Mick501 said:

Is there a work around for that?

Marry a thai lady who's the owner of the piece of land the house is built on. 

[khunPer]

23 hours ago, Steveinphrae2 said:

...can I have the Deed put in my name. 

Not to my knowledge, if it include the land. You can own a house, but not the land under the house.

 

If land and house are already separated – or new from a developer – you could be able to own the house and make a 30-year lease agreement on the land, eventually register the lease first, and then move ownership of land to for example wife thereafter.

 

There might be other solutions, including right of habitation, but you should contact a lawyer for details.

[tacoofthehillpeople]

Legally yes. In practice no. There is a treaty that Thailand has with America that allows us to own household sized parcels in LOS. The treaty defined areas are limited. Though you can get approval for elsewhere with a minister approving it. In theory totally doable. So regardless of the naysayers you can. Just long draw out. And expensive; lawyers(most will not touch it, those connected enough to get things rolling are expensive), fees, etcetera. Always lots of etcetra. And by the time you do it. Could have the elite visa with less hassle.

 

I tried a few years back. I like owning. Most Americans do. Property ownership is wealth. So while I could do it. I stopped because I disliked the process. And as the saying goes the juice has to be worth the squeeze. It is easier to just do visas. And I hit up other countries anyway. One nearby I now have dual citizenship in. I can be in LOS in a couple of hours. So the in and out I am doing anyway. 

 

So to reiterate, yes you can legally. The reality it is like many say here. Do not spend more on the girl than you are willing to lose. 

[Don Mega]

Just now, tacoofthehillpeople said:

Legally yes. In practice no. There is a treaty that Thailand has with America that allows us to own household sized parcels in LOS. The treaty defined areas are limited. Though you can get approval for elsewhere with a minister approving it. In theory totally doable. So regardless of the naysayers you can. J

 

Don't you have to have (provable) sizeable chunks of coin invested in Thailand.....

 

Iam not American but that was my understanding of the clause you speak of.

[ericthai]

3 hours ago, tacoofthehillpeople said:

Legally yes. In practice no. There is a treaty that Thailand has with America that allows us to own household sized parcels in LOS. The treaty defined areas are limited. Though you can get approval for elsewhere with a minister approving it. In theory totally doable. So regardless of the naysayers you can. Just long draw out. And expensive; lawyers(most will not touch it, those connected enough to get things rolling are expensive), fees, etcetera. Always lots of etcetra. And by the time you do it. Could have the elite visa with less hassle.

 

I tried a few years back. I like owning. Most Americans do. Property ownership is wealth. So while I could do it. I stopped because I disliked the process. And as the saying goes the juice has to be worth the squeeze. It is easier to just do visas. And I hit up other countries anyway. One nearby I now have dual citizenship in. I can be in LOS in a couple of hours. So the in and out I am doing anyway. 

 

So to reiterate, yes you can legally. The reality it is like many say here. Do not spend more on the girl than you are willing to lose. 

Sorry, dont believe you are correct. Even with the amity treaty a US citizen cant own land. Under the treaty you can open a Thai company owned 100% by a US citizen, but this does not allow land ownership. 

[Just Weird]

22 hours ago, Mick501 said:

23 hours ago, Just Weird said:

Yes, you can own a townhouse and have it registered in your name, as you can own any type of house, but you cannot own the land that it is built on, that's the fly in the ointment.

Is there a work around for that?

Buy it in the name of a Thai company.

[Just Weird]

20 hours ago, steve187 said:

do you not have to build the house, not buy a house already built on someones land

Not that I'm aware of.

[jack7106]

On 1/19/2020 at 8:22 PM, Peterw42 said:

You can only own a Condominium.

Freehold????????????

[Sophon]

On 1/20/2020 at 7:21 PM, tacoofthehillpeople said:

Legally yes. In practice no. There is a treaty that Thailand has with America that allows us to own household sized parcels in LOS. The treaty defined areas are limited. Though you can get approval for elsewhere with a minister approving it. In theory totally doable. So regardless of the naysayers you can. Just long draw out. And expensive; lawyers(most will not touch it, those connected enough to get things rolling are expensive), fees, etcetera. Always lots of etcetra. And by the time you do it. Could have the elite visa with less hassle.

 

I tried a few years back. I like owning. Most Americans do. Property ownership is wealth. So while I could do it. I stopped because I disliked the process. And as the saying goes the juice has to be worth the squeeze. It is easier to just do visas. And I hit up other countries anyway. One nearby I now have dual citizenship in. I can be in LOS in a couple of hours. So the in and out I am doing anyway. 

 

So to reiterate, yes you can legally. The reality it is like many say here. Do not spend more on the girl than you are willing to lose. 

I'm pretty sure that you are talking about the Treaty of Amity, which specifically excludes land ownership. From Siam Legal:

Quote

Background of the Thailand Treaty of Amity

The Thailand Treaty of Amity aims to provide significant advantages for US investors to run businesses in Thailand for both corporations and individuals. In particular, the Thailand Treaty of Amity provided the US two major trade advantages:

• The Thailand Treaty of Amity permits American companies to hold majority of the shares or the whole company, branch office or representative office located in Thailand.
• American companies may engage in business on the same basis as Thai companies, and are exempt from most of the restrictions of foreign investment imposed by the Alien Business Law of 1972.

While the Thailand Treaty of Amity provides the above-mentioned advantages, the US citizen is also subjected to several restrictions stipulated in the treaty. The Thailand Treaty of Amity prohibits American investors from engaging in the following reserved activities:

• Communications
• Transportation;
• Fiduciary functions
• Banking involving depository functions;
• Land Ownership, Exploitation of land or
• Other natural resources; and
• Domestic trade in indigenous agricultural products.

The following requirements must apply:

• A minimum of 51% of shares must be held by American citizens
• A minimum of 50% of directors must be American citizen(s)