Can Americans Own Land Here ?

[siampaulibuyasia]

i have been told by a number of people that if you are an american citizen you can own land in thailand is this true ???

[kiakaha]

In this respect, there are 2 categories of nationality :

1) thai citizen

2) everyone else

All those in category 2 are subject to foreign land ownership prohibitions.

So no, an American citizen can not own land and I would not recommend setting up a company to own by proxy either.

[toptuan]

Dream on...

[scorecard]

And why would there be some special treatment for Americans?

Dream on...

[A_Traveller]

There is a tendency in the typical conversation to mix the special commercial advantages from the Amity Treaty that Thailand has with the US into other areas. Only Thai citizens, or Thai companies {aka Juristic Persons} may own land. There are no exceptions, indeed during the drafting of the new constitution the possibility was raised and shot down so fast if you blinked you missed it.

Regards

Edited October 3, 2007 by A_Traveller

[kiakaha]

In this respect, there are 2 categories of nationality :

1) thai citizen

2) everyone else

All those in category 2 are subject to foreign land ownership prohibitions.

So no, an American citizen can not own land and I would not recommend setting up a company to own by proxy either.

I will add though that you can own the buildings/structures and lease the land ie: back to back 30 year leases.

[Old Man River]

If companies are Board of Investment (BOI) approved, then foreign owned companies can own land (based on current laws). I am not sure of the status of the exception for individuals to own land who invest upwards of THB 40 million in Thailand, but this certainly wasn't aimed at Americans only. Apart from this, foreign individuals of any nationality cannot own land.

[A_Traveller]

BOI. The land must be for the business, plans must be approved by BOI to ensure that the land area is concomitant with the business requirement, and finally the land must be sold within one year of cessation of the business.

Section 27. A promoted person shall be permitted to own land in order to carry on the promoted activity to such an extent as the Board deems appropriate, even in excess of the permissible limit under other laws.

In the case where the promoted person who is a foreign national under the Land Code dissolves his promoted activity or transfers it to another person, he shall dispose of the land he has been permitted to own within one year of the date of dissolution or transfer, or the Director General of the Land Department shall have the power to dispose of it under the Land Code.

ACT LINK

Regards

[chiang mai]

If companies are Board of Investment (BOI) approved, then foreign owned companies can own land (based on current laws). I am not sure of the status of the exception for individuals to own land who invest upwards of THB 40 million in Thailand, but this certainly wasn't aimed at Americans only. Apart from this, foreign individuals of any nationality cannot own land.

Only thing to add here is that even if you go down the BOI route and spend large amounts buying the land and even larger amounts building on it, you can't live there forever unless you have the visa issues covered off, even if you are an American.

[Heng]

I will add though that you can own the buildings/structures and lease the land ie: back to back 30 year leases.

I'd also add that for all practical purposes that doesn't mean much unless you are willing/able to move your home/building/structure to another leased piece of property when you are suddenly 'trespassing' on someone else's property. Most leases can be made void by the owner simply wanting to sell the property.

[longway]

I will add though that you can own the buildings/structures and lease the land ie: back to back 30 year leases.

I'd also add that for all practical purposes that doesn't mean much unless you are willing/able to move your home/building/structure to another leased piece of property when you are suddenly 'trespassing' on someone else's property. Most leases can be made void by the owner simply wanting to sell the property.

thats surprsing. can you go into a little more detail pls? what sort of lease would cover a change in ownership of the land?

[chiang mai]

I will add though that you can own the buildings/structures and lease the land ie: back to back 30 year leases.

I'd also add that for all practical purposes that doesn't mean much unless you are willing/able to move your home/building/structure to another leased piece of property when you are suddenly 'trespassing' on someone else's property. Most leases can be made void by the owner simply wanting to sell the property.

thats surprsing. can you go into a little more detail pls? what sort of lease would cover a change in ownership of the land?

If you enter into a properly structured lease agreement (as compiled by decent lawyers) and that document is registered at the Land Office it conveys the same rights and protection under law as ownership, for the duration of the lease.

[longway]

I will add though that you can own the buildings/structures and lease the land ie: back to back 30 year leases.

I'd also add that for all practical purposes that doesn't mean much unless you are willing/able to move your home/building/structure to another leased piece of property when you are suddenly 'trespassing' on someone else's property. Most leases can be made void by the owner simply wanting to sell the property.

thats surprsing. can you go into a little more detail pls? what sort of lease would cover a change in ownership of the land?

If you enter into a properly structured lease agreement (as compiled by decent lawyers) and that document is registered at the Land Office it conveys the same rights and protection under law as ownership, for the duration of the lease.

thank you sir. i will keep this advice in mind.

[quiksilva]

If companies are Board of Investment (BOI) approved, then foreign owned companies can own land (based on current laws). I am not sure of the status of the exception for individuals to own land who invest upwards of THB 40 million in Thailand, but this certainly wasn't aimed at Americans only. Apart from this, foreign individuals of any nationality cannot own land.

Foreign firms can also own landed factories in industrial estates (for business purposes only) too.

The Baht 40 million must be invested in Govt. Bonds (i.e. this sum excludes the amount invested in land and buildings) and even then is subject to ministerial level approval. The law exists but I have never known anyone to go down this route and have never even heard of approvals being granted. Even if it were the maximum you could own would be 1 Rai.

[percy2]

Most leases can be made void by the owner simply wanting to sell the property.

I don't think this is correct.

Cheers

[retiredusn]

Why not just look up the amity treaty of 1978? The answers may surprize you. For those that are in the dark and need answers do as most folks do and ask your bar room banister.

[quiksilva]

If companies are Board of Investment (BOI) approved, then foreign owned companies can own land (based on current laws). I am not sure of the status of the exception for individuals to own land who invest upwards of THB 40 million in Thailand, but this certainly wasn't aimed at Americans only. Apart from this, foreign individuals of any nationality cannot own land.

Foreign firms can also own landed factories in industrial estates (for business purposes only) too.

The Baht 40 million must be invested in Govt. Bonds (i.e. this sum excludes the amount invested in land and buildings) and even then is subject to ministerial level approval. The law exists but I have never known anyone to go down this route and have never even heard of approvals being granted. Even if it were the maximum you could own would be 1 Rai.

Just to add to this it is worth noting that the BOI also allows foreigners to own land within specified limits for offices and residences of executives and employees (BOI Announcement No. 4/2544, 2001).

[Heng]

Most leases can be made void by the owner simply wanting to sell the property.

I don't think this is correct.

Cheers

You might want to take a look at your lease. Will scan and post a copy of the ones we use (and it's the common standard lease found in any stationary store that most folks use), they're at my other house... will do so later this week.

As mentioned above, if you have one drawn up yourself by your own attorneys, you might be able to buy yourself a few more years before you inevitably will be trespassing on someone else's property.

[quiksilva]

Most leases can be made void by the owner simply wanting to sell the property.

I don't think this is correct.

Cheers

You might want to take a look at your lease. Will scan and post a copy of the ones we use (and it's the common standard lease found in any stationary store that most folks use), they're at my other house... will do so later this week.

As mentioned above, if you have one drawn up yourself by your own attorneys, you might be able to buy yourself a few more years before you inevitably will be trespassing on someone else's property.

Which is why those agreements are sold cheap at stationary stores, you get what you pay for. Far better to get a lease drawn up by an attorney that truly protects your legal interests. (Unless you are the landlord I suppose!)

In any event I think you will find that if you were the new landlord accusing your sitting tenants (who have a legitimate lease registered at the land department before you brought it) of trespassing, you would find yourself on very treacherous legal ground.

[Heng]

Cheap or not, it's the most common lease agreement used. And none of my tenants, both falang, foreigner, or local have ever asked for a different lease. And yes, I usually have the landlord's (myself) interests in mind.

Edited October 4, 2007 by Heng

[quiksilva]

Cheap or not, it's the most common lease agreement used. And none of my tenants, both falang, foreigner, or local have ever asked for a different least. And yes, I usually have the landlord's (myself) interests in mind.

but of course :D

[chiang mai]

Most leases can be made void by the owner simply wanting to sell the property.

I don't think this is correct.

Cheers

This is not correct

[Phrakhanong]

I would have thought any property sold would be sold with the tenant's right intact. The new property owner cannot obtain a better title than what the previous owner had (ie a right over the property that is subject to the tenant's right of possession for the lease period). I doubt the land laws in Thailand are so fundamentally different from the west.

I also would have thought that even if the lease is not registered with the land department, the lease would still prevail, as long as it is held up by a court as being a legal lease (ie as long as there is no defect affecting the legality/enforcability of the lease).

[dkstoney]

This is copied from the Thai-American Chamber of Commerce website:

Restrictions on an Alien’s Right to Own Land

An alien may own land only with special permission from the Minister of Interior and only if, under a treaty between his home country and Thailand, Thai nationals are extended the reciprocal right to own land. In the case of a promoted company, the company should obtain the approval of the Board of Investment. If the BOI-promoted company ceases or transfers its business, it has to sell such land within one year.

Once an alien has secured permission to acquire land, he must use it for the purpose stated in his application. A change in the use of the land can be made only with the permission of the Ministry of Interior. A sale or transfer of land by an alien also requires approval by the Ministry of Interior.

A foreigner is permitted to acquire units in a high rise condominium under certain conditions.