The Effect Of A Death With A 30 Year Lease.

[Siamiain]

I have been looking at the 30 year lease, between myself, a farang and a Thai. There is provision for myself in the event of my death, ie: the lease continues with who I appoint but what if the death happens to the lesor, the Thai. I didnt see any provisions for this. I will be taking it up with my lawyer but thought I might run it by some of the knowledgeable and experienced folk on Thai Visa.

Cheers,

S.I

[quiksilva]

The lease is considered to be a personal contract between the signatories. Once one party dies, so does the lease. Perhaps a smart lawyer could work out a structure in which there are named successors (on both sides) and have those people affix signatures to make that commitment binding (if they are old enough) or perhaps even add a provision that allows additional successors to be added to the contract by way of addendum.

[ProThaiExpat]

I disagree with the suggestion that a recorded lease expires upon the death of the owner of the land or house. The recorded lease is a "burden" or lien on the land or house and when the land or house or both passes by will or otherwise to a 3rd person, the land or house or both carries the burden of the recorded lease until the lease terminates pursuant to its terms or by the death of the lessee.

I do agree that a smart Thai lawyer may be able to provide lease provisions that survive the death of the lessee so the lease carries on past the lessees death by agreement with the owner.

In close personal relationships between a Thai lessor and falang lessee where a marriage is not involved, a will by the owner leaving the property paid for by the lessee/falang/lover to him works as well.

[racefan]

The lease is considered to be a personal contract between the signatories. Once one party dies, so does the lease. Perhaps a smart lawyer could work out a structure in which there are named successors (on both sides) and have those people affix signatures to make that commitment binding (if they are old enough) or perhaps even add a provision that allows additional successors to be added to the contract by way of addendum.

Not sure where you got that information from but it is totally incorrect.

Section 569 of the Civil and Commercial code confirms that in the event of a lessor dying or becoming bankrupt a registered lease will remain in force until it's expiry date.

Any additional contractural obligations (i.e. agreements to renew the lease period) are however un enforceable on the deceased lessors's sucessors.

[quiksilva]

I was mistaken, thanks for clearing that up. Edited May 25, 2007 by quiksilva

[monty]

Hence the notion that a lease is only enforceable for 30 years, the maximum you can register at the land and house department.

Anything beyond that is indeed a personal agreement between two parties, something the owner of the land could get out very easily, or in the case stated above, he might simply not be around anymore!

[chachachacha]

Hence the notion that a lease is only enforceable for 30 years, the maximum you can register at the land and house department.

Anything beyond that is indeed a personal agreement between two parties, something the owner of the land could get out very easily, or in the case stated above, he might simply not be around anymore!

i should imagine that the easy way to protect you would be for the thai to have it in her/his will that the land in the event of death passes to you .The law says that you are entitled to own land if you have inherited it

Edited May 25, 2007 by chachachacha

[Crossy]

Hence the notion that a lease is only enforceable for 30 years, the maximum you can register at the land and house department.

Anything beyond that is indeed a personal agreement between two parties, something the owner of the land could get out very easily, or in the case stated above, he might simply not be around anymore!

i should imagine that the easy way to protect you would be for the thai to have it in her/his will that the land in the event of death passes to you .The law says that you are entitled to own land if you have inherited it

You MIGHT be better with an usufruct which lasts for YOUR life, assuming you intend living for longer than 30 years

The willing of land is rather woolly, I'm not aware of anyone being willed land and then getting to keep it (you have 1 year to sell on).