Preventing Lessor to Cut Down Tree

[STD Warehouse]

We have a small land plot, I would like my wife to sell, normally she would also want to sell, but there is a big tree on the small plot.

 

We both know if we sell the land, since its Chanute, the new owner can do whatever they want to the tree. Of course we could find a buyer who might say they love the tree and wont cut it down, but after they buy its up to them, or if they sold to someone else then this new owner could then cut it down.

 

Therefore my wife wants to lease the land on a 30 year lease, the longest lease that is legally possible to register. She thinks if she is still the owner then the lessor cant cut down the tree if we make it a term and condition of the lease contract. 

 

Is that even possible? Is that legal? Can a lease contract that is paid in full for 30 years at the start of the lease and registered at the land office contain such a clause and does the lessor have to abide by such a clause?

 

Any ideas about this situation, we really need the cash from selling or leasing the plot, but is it impossible to protect the big tree?

[worgeordie]

Big tree , small lot , someone is going to cut it down, sell the land

and where ever you move too plant more trees, 

 

regards Worgeordie

[CharlieKo]

Chances are, the tree will interfere with what ever the leaser will want to do with the land. They won't be doing any cultivation, will they? So you probably won't be able to lease the land with that sort of clause. 

 

Also why would anyone build a house on leased land, knowing they have to vacate in 30 years?  

 

 

[FritsSikkink]

"Can a lease contract that is paid in full for 30 years at the start of the lease"

Who would be so crazy to pay the full 30 years up front?

[Pink Mist]

A lessor can only make changes to the Land with the approval of the land owner/leesor. This however must be written o to the lease agreement which would then be registered at the Land office.  Should the leese make unapproved changes to the Land then the leesor could sue for damages and also invalidate the lease.  However, if the tree becomes a hazard and myst be removed then it may be a moot point.

 

A good lawyer should be able to assist with the issue.

[STD Warehouse]

1 hour ago, worgeordie said:

Big tree , small lot , someone is going to cut it down, sell the land

and where ever you move too plant more trees, 

 

regards Worgeordie

we are not moving, we live next door, theres plenty of room to build a house on the small plot without cutting the tree down.

[STD Warehouse]

50 minutes ago, CharlieKo said:

Chances are, the tree will interfere with what ever the leaser will want to do with the land. They won't be doing any cultivation, will they? So you probably won't be able to lease the land with that sort of clause. 

 

Also why would anyone build a house on leased land, knowing they have to vacate in 30 years?  

 

 

maybe because they wont be alive in 30 years and have no children to pass it onto

[STD Warehouse]

44 minutes ago, FritsSikkink said:

"Can a lease contract that is paid in full for 30 years at the start of the lease"

Who would be so crazy to pay the full 30 years up front?

because they are in reality buying the land, even if technically they don't own it, they will for the rest of their life have rights to the leased plot.

[digbeth]

If I were to lease some land to build on, but have the landlord obsess over a tree in my yard I'd pass

It'd only be attractive to foreigners who can't own lands only.

 

Or you could subdivide the chanote to have a plot for the tree, if the tree's plot 'landlocked' in this new plot, you could register an access clause in the new plot's chanote and the new buyer would have to abide by the conditions and you can continue to enjoy your tree

[Woof999]

I suspect it's possible, but you're making it much harder to sell the leasehold.

 

The obvious questions is, why such a hang-up on one tree? If it's that precious to you there are ways to transplant even pretty large trees to a new location (ie your own yard).

[STD Warehouse]

37 minutes ago, Pink Mist said:

A lessor can only make changes to the Land with the approval of the land owner/leesor. This however must be written o to the lease agreement which would then be registered at the Land office.  Should the leese make unapproved changes to the Land then the leesor could sue for damages and also invalidate the lease.  However, if the tree becomes a hazard and myst be removed then it may be a moot point.

 

A good lawyer should be able to assist with the issue.

Thank you for a useful answer, will ask a lawyer about writing in that the lessor needs to ask the lessee for permission to make physical changes to the land

[STD Warehouse]

1 minute ago, Woof999 said:

I suspect it's possible, but you're making it much harder to sell the leasehold.

 

The obvious questions is, why such a hang-up on one tree? If it's that precious to you there are ways to transplant even pretty large trees to a new location (ie your own yard).

it's not possible to transplant this tree, way to big and also because of the way it grows.

 

I don't know why the hang up, but I don't want to make a big issue with my wife, just want to see if a solution exists.

[CharlieKo]

32 minutes ago, STD Warehouse said:

because they are in reality buying the land, even if technically they don't own it, they will for the rest of their life have rights to the leased plot.

They only have rights for as long as the lease is valid. The same if they die the day the lease ends. 

[CharlieKo]

40 minutes ago, STD Warehouse said:

maybe because they wont be alive in 30 years and have no children to pass it onto

So why spend all that money on lease and building a house, when it would be far cheaper to rent and spend the excess on enjoying life.

 

What you are saying is your ideal buyer has 30 years to live, has no next of kin. And really really wants to buy your land to p**s away his life savings! Sorry if that sounds hard. Maybe dreams do come true! ;)

  

[STD Warehouse]

3 minutes ago, CharlieKo said:

So why spend all that money on lease and building a house, when it would be far cheaper to rent and spend the excess on enjoying life.

 

What you are saying is your ideal buyer has 30 years to live, has no next of kin. And really really wants to buy your land to p**s away his life savings! Sorry if that sounds hard. Maybe dreams do come true! ????

  

yes, thats what im saying, that is what is happening all over Phuket, Samui and Phangan, its very very common for people to do this, lease for 30 years, pay upfront and build a house. If this is a good idea for them or not, is not really my question, I'm just trying to find a solution to my wifes worry about someone cutting down a tree.

[FritsSikkink]

57 minutes ago, STD Warehouse said:

because they are in reality buying the land, even if technically they don't own it, they will for the rest of their life have rights to the leased plot.

They are not buying it, they rent it for 30 years. If they build a house on it, they won't even own it.

[FritsSikkink]

22 minutes ago, STD Warehouse said:

yes, thats what im saying, that is what is happening all over Phuket, Samui and Phangan, its very very common for people to do this, lease for 30 years, pay upfront and build a house. If this is a good idea for them or not, is not really my question, I'm just trying to find a solution to my wifes worry about someone cutting down a tree.

Never heard from anyone paying 30 year upfront. https://www.thailand-property.com/land-for-rent

[STD Warehouse]

1 hour ago, FritsSikkink said:

Never heard from anyone paying 30 year upfront. https://www.thailand-property.com/land-for-rent

well, if you lived on Samui or Phangan you would have heard of people paying 30 years upfront, its very common as people don't want to open Thai companies to buy land. They often have renewal clauses for a further 2x30years

[FritsSikkink]

3 hours ago, STD Warehouse said:

well, if you lived on Samui or Phangan you would have heard of people paying 30 years upfront, its very common as people don't want to open Thai companies to buy land. They often have renewal clauses for a further 2x30years

I lived in Phuket (one of the places you mentioned earlier) and started to come to Thailand 40 years ago. I work here and know for sure that people DO open Thai companies a lot to get land. The renewal clauses for the next "2x30 years" are illegal and void, but a lot of people signed a contract while thinking they were legal. Good luck with your 30 years upfront payment, you will need loads of it.