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Posted

This is an extract that I found in the Pattaya Trader

Legally speaking about the Thai Wife and 'Imported' Husband

Falang can own land in Thailand in his own name

I hope that it helps

"Many foreigners ask me whether they should take up Thai nationality by neutralization. We may immediately answer that it is not necessary. To be Thai, you may be conscribed. In the serious situation, they may conscribe even retiree.

Except for visa considerations and ownership of land. Thai nationality never plays an important role in living in Thailand. The principle of the law is "Foreigners may enjoy all rights unless otherwise restricted by law" If you want to do anything under Thai law and the government officers deny your right, you may ask them "The Restriction is under what law?". They have to answer you in writing. If you are not satisfied with the answer, you may go to the Administrative Court.

For example, if you want to register the ownership of land under your name, the land officer will deny definitely your request by citing the Land Code. But if you want to take the mortgage of land, you have the right to do so because there are no restriction imposed by law.

We have the example of our client who took a lease on a plot of empty land from his friend and registered the 30-lease of with the Land Office. We advised him to build up a house under his name. He has to apply for the construction permit under his name. After the construction, he will apply for the House Registration Certificate (TABIEN BAN) under his name. Many people laughed and objected to this idea by saying that there is no law allowing foreigners to do like this. I just followed the principle "Foreigner can do everything expect there is restriction clearly imposed by law". Nobody could find any restriction, Now this foreigner has the House Registration Certificate (TABIEN BAN) under his name. We have never paid even one Baht to anybody to receive this proper document."

BY

Mr. Ponthep Werachon

Attomey-at-Law, Notary Public, Kingtdom of Thailand Rotary Club of Pattaya, Pattaya Expats Club Public Meeting every Saturday, 1I a.m. at Green Tree Restaurant, Pattaya Soi 1 (Beach Road) WERACHON LAW OFFICE

448/17 Theppasit 3 (near the Outlet Mall), Pattaya City (01) 423-4255, (09) 889-6483, (038) 300967 e-mail : [email protected]

Legally speaking about the Thai Wife and 'Imported' Husband

I have now link to this man or office

Edd

Posted
We have the example of our client who took a lease on a plot of empty land from his friend and registered the 30-lease of with the Land Office.

He leased it, he does not own it.

Posted

This is not owning land, but this is owning a building on a land....

If done legally good advised, it is impossible for the land-owner to remove the house-owner for lifetime....

Posted
"Many foreigners ask me whether they should take up Thai nationality by neutralization..."

Neutralization? Perhaps they mean "naturalization"?

Posted
Neutralization? Perhaps they mean "naturalization"?

Perhaps he meant neutering?

Thai adminstration does tend to have that effect. :o

Posted

I fail to understand.. Owning the property on the land as distinct from the land is a normal occurance and many farangs I know that have built thier own villas hold the tabien baan in thier name..

The thread title is owning land.. Yet ther is no information on how to do this at all.

Posted

For example, if you want to register the OWNERSHIP OF LAND under your name, the land officer will deny definitely your request by citing the Land Code. But if you want to take the mortgage of land, you have the right to do so because there are no restriction imposed by law.

We have the example of our client who took a lease on a plot of empty land from his friend and registered the 30-LEASE of with the Land Office.

One time he's talking about OWNERSHIP, the next he gives an example for it with a LEASE :o . Not exactly a synonym

Posted

Apart from the rather crippled English there is nothing at all remarkable or contentious in the Lawyers comments.

I would guess that the line or comment "Falang can own land in Thailand in his own name" was either added by Edd or the Reporter / Sub-Editor at Pattaya Trader, it certainly has no relevance to the body of the Lawyers advice.

Posted

This kind of ownership have been done for years. He owned the house, not the land. If he make a woodenhouse, it will not last for 30 year. If he make a house by bricks he can't move it. It's sounds to me like someone have a lot of land for lease in Pattaya.

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