Does Longterm Lease Include Right To Sell Too?

[arizonadave]

30 year lease allows sole right to occupy but what about sole right to sell and receive the proceeds? Is that part of what a lease guarantees? Or can it be an addition? Can it be reasonably assumed to hold up in court if it came to that? While I'm at it, any recommendations on an attorney for drawing up a lease?

[dsfbrit]

30 year lease allows sole right to occupy but what about sole right to sell and receive the proceeds? Is that part of what a lease guarantees? Or can it be an addition? Can it be reasonably assumed to hold up in court if it came to that? While I'm at it, any recommendations on an attorney for drawing up a lease?

Hi ArizonDave, I think you are asking if you can sell the remainder of the lease, as you obviously no longer own the land nor the house.

We recently discussed the selling of a lease issue here:

http://www.thaivisa.com/forum/index.php?showtopic=131932

As an aside, what many Farang do is put the land in the wife's name and the House in their own name (you can own the house).

As for a lawyer, Sunbelt Asia - who sponsor this link - are as good (and reasonably priced) as any I am told.

I certainly am considering using them if I decide to set up a lease or Usufruct and shut down my company.

good luck

Edited August 14, 2007 by dsfbrit

[quiksilva]

An usufruct is not transferable, if you are looking to sell and cash in on the proceeds then you will be looking for a long leasehold with a clause that allows you to 'assign' the leasehold to a third party or sub let and enjoy profit rents (good luck on that last point though I have never seen a landlord accept this in my ten years in this business in Thailand).