Buying land in phuket , usufruct then under child name

[SlyouThai]

Hey guys , i went the company route before but now i want to make things 100 pcent legal and hopefully cheaper. Im divorced and legally the father of a mix thai kid.

 

What i was wondering is this.... There is a land im interested in  phuket   , but i cant put it directly under my son name as , god forbid , something would happens to him , my ex wife would be getting part of what is under his name.

 

So my idea is to sign a purchase contract stating that the owner must first give me a usufruct under my name , then sell the land to my son name. I will then proceed to build a villa , and if something happens to me everything goes to my son . My son being 8 im guess he cant register a usufruct for me.....

 

Questions are : will the land office agrees to this ? ( i can pay under table money im used to it ) , i would go there with a lawyer to look more serious and the finality is my thai son will be the owner of the land.

 

As having an usufruct of the land , can i easily optain a building permit under my name ?

 

Do you guys see any problems in this idea ? am i missing something ?

 

Did anyone did it already in Phuket town land office , and if yes did he need a lawyer ?

 

Thanks in advance for all advices and answers.

 

Cheers

Edited May 13, 2023 by SlyouThai

[Peterw42]

The land can be in the childs name, but a thai court or thai guardian will have the final say on any major things to do with the land, ie: a usufruct etc, and it would still be dependent on the local land office.

The land office are not stupid, anything that essentially gives a foreigner full ownership/control of land via a proxy thai, wont be approved.

[SlyouThai]

Ok. But actually its legal for the owner to register an usufruct to my name. Then if on the day or one week later , she then sell it to my son name  , you think they would not allow it ? Im pretty sure by law they dont have the right to do so. I know full ownership is  not something they like , however in this case , im 40 years old , and the land would be under my son name . If anything happens to me he get it all. They accept company that have no " duration " but they wouldnt accept an usufruct to me at 40 and then the land would be owned by a thai national . Im sure they stupid enough to refuse it , it just doesnt make any sense. I believe their major problems is registering usufruct without getting 100K on the side , and this would not be a problem to do , but i might be wrong. I cant just put the land under my son name directly and build a house on it , for the reasons  i already talked about

[donx]

So you get the land owner to go to the land office and place a usufruct in your name on the chanote. Then a week or so later, the land owner, you, and your son go to the land office for the land owner to sell the land with the usufruct to your son. Do you really think the land office is going to allow this? I'm fairly certain that if the land owner sells the land to your son first and then you request a usufruct, the usufruct would be denied.

 

My guess, and yes this is only a guess, is that the land office won't accept the purchase of land by your son if it is encumbered by a usufruct - any usufruct, not just a usufruct with you as the purchaser's father on it.

 

If the sale is rejected, what recourse does the original seller have now that the usufruct is on the chanote? At that point, they have essentially given their land away to you. Would they trust you to go back to the land office and remove the usufruct at the time the sale is rejected or soon after?

 

Let us know if you are able to complete this transaction.

[SlyouThai]

the original plan was to have a contract with all thoses details in it , and having the usufruct registered the same day as the sell at the land office.